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Masters call for Marion Superior judge's removal

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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.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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