ILNews

Remove Judge Kimberly Brown, special masters recommend

Back to TopCommentsE-mailPrintBookmark and Share

Marion Superior Judge Kimberly Brown should be removed from the bench, a panel of three special masters has recommended to the Indiana Supreme Court.

The panel that heard the weeklong disciplinary case against Brown filed 107 pages of findings of fact, conclusions of law and recommended sanctioons Friday. The Supreme Court will determine what discipline Brown should receive in what is believed to be the most extensive case against a judge in the history of the Indiana Judicial Qualifications Commission.

The commission proved more than 80 rules violations by clear and convincing evidence on 46 of 47 counts against Brown, the panel concluded. She was cleared on Count 22, in which she was accused of interrupting a public defender and treating him in an impatient and discourteous manner as he attempted to make a legal argument.

Brown also may have violated the law for terminating a former bailiff in her court who was among those who complained to the JQC, the panel concluded.

The special masters – retired Monroe Circuit Judge Viola Taliaferro, Boone Superior Judge Rebecca S. McClure and Lake Superior Judge Sheila M. Moss – made 281 particular findings in Brown’s case, along with conclusions that she violated numerous rules of judicial conduct.

Allegations against Brown include wrongful detention of at least nine criminal defendants, failing to properly oversee her court, improperly supervising trials, failing to act on Court of Appeals orders, showing hostility toward parties who came before her, and retaliating against court staff who complained.

Along with the catalog of rules violations the panel found, it also noted in its general conclusions Brown’s refusal to be sworn during videotaped depositions before the commission. Refusing to be sworn “can only be viewed as signifying a lack of respect for the judicial process,” the masters concluded. Brown also refused to turn over evidence the commission sought.

“Further, the Court noted that certain forms of uncooperative conduct and delay tactics cross the line between legitimate discovery dispute and are the sort of conduct which is ‘not only antithetical’ to a judicial officer’s obligations as an attorney and judge but also ‘calls into question the integrity of the judicial disciplinary process,’” the masters’ filing says.

The masters determined Brown violated the following rules of judicial conduct, along with the number of violations:

Rule 1.2: Acting in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary. Thirty-six violations.

Rule 2.5(A): Performing judicial duties competently, diligently and promptly. Thirty violations.

Rule 2.12(A): Duties of judicial office take precedence over a judge’s personal and extrajudicial activities. Eight violations.

Rule 2.8(B): Judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials and others with whom the judge deals in an official capacity and shall require similar conduct. Eight violations.

Rule 1.1: A judge shall comply with the law, including the Code of Judicial Conduct. One violation.

Rule 2.6(A): Allowing anyone with a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law. One violation.

While the masters’ report was filed with the court Dec. 27, it was signed by Taliaferro on Dec. 22. On Dec. 11, new counsel appeared for Brown and filed a brief in which the judge apologized and proposed a 60-day suspension. The brief included an affidavit in Brown’s support from retired Justice Frank Sullivan.

The JQC asked that the masters strike the filing as untimely and outside the record. As of Monday, the docket for the case showed no ruling had been made on that motion, but the masters did not list Brown’s Dec. 11 filing in the chronology of disciplinary proceedings.
 

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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT