ILNews

Suspension may herald end of Kimberly Brown’s judicial career

Back to TopCommentsE-mailPrintBookmark and Share

brown_timeline.jpgBefore suspended Marion Superior Judge Kimberly Brown was facing possible removal from the bench for dozens of disciplinary counts, she had difficulties in her prior court, according to recent filings arguing for the ultimate sanction against a judge.

The Indiana Supreme Court suspended Brown with pay Jan. 9, citing Admission and Discipline Rule 25V(B). The rule says any judge whose removal from the bench has been recommended by the Judicial Qualifications Commission shall be suspended with pay pending the court’s disciplinary ruling.

Before she moved to Marion Superior Criminal Court 7 in January 2013, Brown had been in Criminal Court 16 since 2009. There, she scheduled jury trials one day each week. But she didn’t preside over a jury trial in that court until May 2012, more than three years later.
 

Brown Brown

Brown instead “assigned the responsibility of presiding over jury trials in Court 16 to commissioners, senior judges or judges pro tempore,” according to the special masters who last month recommended the Indiana Supreme Court remove her. The masters’ report also says that on multiple occasions in Court 7, Brown continued jury trials even when space and court officers were available to try them.

Those findings are among the filings asking justices to remove Brown from the bench. Her last-minute apology, submission to discipline and request for a 60-day suspension she sent to the Supreme Court – along with an affidavit in her support from former Justice Frank Sullivan – will not be considered, the special masters ruled Jan. 2.

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 to the commission.

On Jan. 8, Brown unsuccessfully appealed to the justices to spare her suspension.

Brown “understands that the rule appears to be mandatory that she be suspended from the office with pay pending final resolution of the issue of sanctions pending before the court,” the judge argued in the filing from her attorney, Bingham Greenebaum Doll LLP partner Karl Mulvaney.

“(I)t is her preference to continue to hear cases in Criminal Division 7 in order to keep the court properly functioning.”

The filing says Brown “does intend to file a petition for review directed at the recommended sanction” by a Jan. 16 deadline that would further bolster her argument for a 60-day suspension based on such a sanction in similar cases.

But justices wasted no time ordering Brown’s suspension pending final discipline, ruling a day after she appealed to remain on the bench. “Hon. Kimberly J. Brown, is suspended from office with pay effective at the close of business on the date of this order. This suspension will continue in effect until further order of this Court,” Chief Justice Brent Dickson wrote for the court.

Brown’s career as a judge will be finished if justices fully embrace the commission’s recommendations.

“If the Court adopts the Masters’ and the Commission’s recommendations and issues an order of removal, the Commission asks the Court, at that time, also to find (Brown) permanently ineligible for judicial office,” Adrienne Meiring, counsel for the Judicial Qualifications Commission, recommended in a Jan. 3 filing.

Brown’s request to stay her suspension included her affidavit of Dec. 11 which the masters previously struck. She apologizes and says changes have been made in her court to address concerns raised in her disciplinary case. The filing also is supplemented with documents detailing the remedial actions taken after the commission’s investigation began.

Retired Monroe Circuit Judge Viola Taliaferro presided over the panel of three special masters who heard Brown’s weeklong disciplinary case in November. She noted Brown hadn’t shown cause for failing to file findings of fact after the hearing.


talliaferro-viola-mug Taliaferro

Instead, “Brown by-passed the Panel of Special Masters” with her Dec. 11 filing that advocated a 60-day suspension and included Sullivan’s affidavit. “The submission was later supplied to the Special Masters by the Supreme Court,” Taliaferro wrote.

The commission asked the masters to strike the filings as untimely and outside the record, and the panel agreed. “In that evidence has been heard, concluded and the cause submitted to the special masters for ruling, Brown’s chance to apologize, show mitigating circumstances, and recommend proposed discipline has passed,” Taliaferro wrote.

The commission would be unduly prejudiced if Brown’s filing or Sullivan’s affidavit were admitted without the opportunity to cross-examine the parties, she wrote. The panel stands on its recommendation that Brown be removed from the bench but clarified that the masters do not recommend suspending Brown’s law license.

The panel filed 107 pages of findings of fact, conclusions of law and recommended sanctions for Brown Dec. 27 in what is believed to be the most extensive case against a judge in the history of the Indiana Judicial Qualifications Commission.

The special masters – 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.

Among them, the masters noted that in several bench trials that took less than a couple of hours to try, Brown frequently took breaks and continued them, particularly if the trial might go past 4 p.m. Prosecutors had to dismiss some cases because witnesses became frustrated by the proceedings and stopped coming to multiple court dates, the report says.

The commission proved more than 80 rule 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.

Along with the catalog of rule 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, the report states.•

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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT