ILNews

Superior judge steps aside because of illness

Michael W. Hoskins
January 1, 2010
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A Grant County judge's illness has forced him from the bench temporarily, and the Indiana Supreme Court has appointed a deputy prosecutor from Marion as judge pro tempore.

Grant Superior 2 Judge Randall Lee Johnson filed a petition earlier this week that notified the state's highest court that he was unable to perform Superior Court 2 duties because of illness. While details of his illness aren't outlined by the Supreme Court, Judge Johnson has been experiencing health problems for more than a year because of mold infestation in the county's historic courthouse.

In mid-2008, the Indiana State Department of Health found mold and mildew problems in the court complex. The county relocated both Superior 2 and the juvenile court to the county office complex, and Judge Johnson had been working from home and hearing cases despite health issues related to the mold. Other court employees have also had health problems and the judge has temporarily closed the court in the past. County officials are still in the process of finalizing repairs or renovations for the Superior 2 location.

Judge Johnson took the bench in 2001, and his current term is set to expire at the end of 2012. Under Trial Rule 63 (B)(1), the Supreme Court granted his petition and named Marion attorney Dana Kenworthy as judge pro tempore. The high court's public information officer described that as a rare move, having to appoint a judge pro tem because of illness.

A 2001 graduate of Indiana University School of Law - Indianapolis, Kenworthy has been a Grant County deputy prosecutor since 2001. Aside from those full-time prosecutor duties, Kenworthy has also received recognition and awards, including the Randall T. Shepard Award, for her pro bono work. She served four years as the county's pro bono committee chair and continues serving District 6, while also working to set up a mediation program in her community.

The Indiana Supreme Court has not indicated how long Kenworthy will serve in that role, but her appointment takes effect Monday and her service remains in effect until the court orders otherwise.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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