ILNews

Masters call for Marion Superior judge's removal

Back to TopCommentsE-mailPrintBookmark and Share

A three-judge panel is recommending that a Marion Superior judge be removed from the bench for judicial misconduct.

In a 70-page report filed Thursday and released today in the case of In the Matter of The Hon. Grant W. Hawkins, No. 49S00-0804-JD-0157, the masters found that Judge Hawkins violated canons and committed 10 counts of judicial misconduct relating to how he supervised his court.

The Indiana Judicial Qualifications Commission had filed charges in April accusing him and former Commissioner Nancy Broyles of misconduct, which in large part led to a pattern of case delays and one that resulted in a wrongfully convicted man, Harold Buntin, being kept in prison almost two years after DNA cleared him of a crime. She has since voluntarily resigned and was permanently banned from the bench, and the panel conducted a two-day hearing for the judge in early October.

That panel - Delaware Circuit Judge Marianne Vorhees, Lake Superior Judge Clarence Murray, and Elkhart Circuit Judge Terry Shewmaker - had until Nov. 24 to issue its findings and recommendations to the court.

At his hearing, Judge Hawkins told the masters that he greatly regrets what happened and vowed to make sure the process is more closely monitored and scrutinized in his courtroom. Drastic changes have already been implemented, he said.

The masters acknowledged his apology and remorse, but they said this case called for a more serious sanction. The masters would have recommended a suspension without pay because of how he generally handled the post-conviction relief issues if it weren't for what resulted in the Buntin case.

The masters don't believe that Judge Hawkins intended to deceive, mislead, or hide anything during the investigation, but that he negligently made misrepresentations caused by his failure to fully investigate the situation. He then failed to correct those misimpressions he and his staff gave - and that failure is the same as the judge deliberately setting out to deceive the commission and the public, the masters wrote.

"We reach these conclusions with great regret and after much thought and do not make this recommendation lightly," the panel wrote. "As trial judges, we know too well how difficult our jobs are, how many demands we have on our time and attention, and how easy it is to make mistakes. The Masters believe, however, the mistakes made in this case were so critical, the loss of liberty so significant, and the Judge's response so lacking, that we as trial judges would not carry out our duty as Masters unless we called for a significant sanction."

A court employee told Indiana Lawyer this morning that Judge Hawkins was on the bench and not immediately available for comment by deadline for this story. His attorney Kevin McGoff with Bingham McHale also couldn't be immediately reached.

Judge Hawkins has been on the Superior 5 bench since 2001. The Indiana Supreme Court has the ultimate say on what sanctions, if any, Judge Hawkins will receive. Sanctions could range from a private or public reprimand to removal.

Justices may receive the case for consideration by the end of the year or early next year following the procedural response times from both sides, according to commission counsel Meg Babcock. Once that happens, justices aren't obligated to issue a decision on any specific timeline.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

ADVERTISEMENT