Monday, September 30, 2013
Ind. Courts - "Supreme declines to suspend Marion County Judge"
Tim Evans is reporting for the Indianapolis Star:
The Indiana Supreme Court declined a request to immediately suspend a Marion County judge facing misconduct allegations.ILB: Here, from the docket:
In an order dated Sept. 27 and made public today [ILB: but not available online, see below] , the court also appointed a three-judge panel to review the allegations against Marion Superior Judge Kimberly J. Brown.
The call for an interim suspension came when the Indiana Commission on Judicial Qualification filed a complaint in August alleging 45 counts of misconduct against Brown, a Democrat who has served since 2009.
The commission's call for the interim suspension is an "extraordinary measure" in cases involving complaints against sitting judges, according to charging documents. An interim suspension, attorneys for the commission said in the petition, "is merited in this situation, as (Brown) has engaged in a continuing course of conduct which has led to multiple defendants being wrongfully deprived of their liberty, multiple defendants being denied the right to be heard in a timely fashion, and numerous individuals suffering other detrimental consequences."
This was only the second time since 2009 that the commission has moved to suspend a judge while charges are pending.
“After careful consideration of the parties’ submissions and due deliberation, the Court declines to grant the verified petition for interim suspension,” the Supreme Court order said.
The court also ordered the misconduct case be “heard on an expedited basis” and named three judges to hear the case. Retired Monroe County Judge Viola J. Taliaferro will head the panel. The two other members are Boone Superior Judge Rebecca S. McClure and Lake Superior Judge Sheila M. Moss.
The order requests the “masters,” as the judges are called, to establish a schedule that allows for completion of hearings in the case by Nov. 26 and a final recommendation on any potential disciplinary action by Dec. 30.
The Supreme Court will review the masters’ recommendation, but has the final say in disciplinary action.
PURSUANT TO ADMISSION AND DISCIPLINE RULE 25(VIII)(I), THE
COURT APPOINTS THE FOLLOWING MASTERS TO HEAR AND TAKE EVIDENCE
CONCERNING THE CHARGES FILED UNDER THIS CAUSE NUMBER:
THE HONORABLE VIOLA J. TALIAFERRO, JUDGE (RETIRED);
THE HONORABLE REBECCA S. MCCLURE, JUDGE, BOONE SUPERIOR COURT;
THE HONORABLE SHEILA M. MOSS, JUDGE, LAKE SUPERIOR COURT.
JUDGE TALIAFERRO IS DESIGNATED TO SERVE AS THE PRESIDING
MASTER. WITHIN FIFTEEN (15) DAYS OF THE DATE OF THIS ORDER,
THE MASTERS ARE ASKED TO SUBMIT A SCHEDULE THAT ANTICIPATES:
(A) COMPLETION OF A HEARING IN THIS MATTER BY NOVEMBER 26, 2013;
AND (B) SUBMISSION OF THE MASTERS' REPORT OF HEARING AND THE
TRANSCRIPT OF THE HEARING BY DECEMBER 30, 2013. THE SCHEDULE
SHALL BE SENT TO THE SUPREME COURT ADMINISTRATOR, WHO WILL HAVE
BRENT E. DICKSON, CHIEF JUSTICE
ALL JUSTICES CONCUR.
(ORDER REC'D 9/27/13 @ 5:00 P.M.) ENTERED ON 09/28/13 RB
Posted by Marcia Oddi on September 30, 2013 03:24 PM
Posted to Ind. Sup.Ct. Decisions