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Suspension may herald end of Kimberly Brown’s judicial career

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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.•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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