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Wednesday, October 16, 2013

Ind. Courts - More on "Supreme declines to suspend Marion County Judge"

Updating this ILB entry from Sept. 30th, there has been further activity in the disciplinary action against Marion Superior Judge Kimberly J. Brown. The order naming the three masters has been expanded. Judge Brown has a new counsel. The three masters have issued a report of schedule, scheduling trial for Nov. 4-8 in the Supreme Court Courtroom. And on Oct. 15th, the Judicial Qualifications Commission filed a motion for leave to amend the charges and add additional counts. Here is the docket:

09-27-2013 THE COURT HAS ISSUED THE ATTACHED AMENDED ORDER:

AFTER CAREFUL CONSIDERATION OF THE PARTIES' SUBMISSIONS AND DUE DELIBERATION, A MAJORITY OF THE COURT DECLINES TO GRANT THE VERIFIED PETITION FOR INTERIM SUSPENSION, AND CONCLUDES THE CHARGES FILED BY THE JUDICIAL QUALIFICATION COMMISSION UNDER THIS CAUSE NUMBER SHOULD BE HEARD ON AN EXPEDITED BASIS BY THE MASTERS WHO ARE APPOINTED BY THIS ORDER.

IN ADDITION, BEFORE US IS A "MOTION TO STRIKE OR ALTERNATIVELY, MOTION FOR LEAVE TO FILE RESPONSE TO COMMISSION'S REPLY TO JUDGE BROWN'S RESPONSE TO VERIFIED PETITION FOR INTERIM SUSPENSION" FILED BY RESPONDENT ON SEPTEMBER 19, 2013.

HAVING CONSIDERED THE RESPONDENT'S MOTION AND BEING DULY ADVISED, THE COURT CONCLUDES THAT IT SHOULD BE AND THEREFORE IS DENIED.

FINALLY, PURSUANT TO INDIANA 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 HON. VIOLA J. TALIAFERRO, JUDGE (RETIRED);
THE HON. REBECCA S. MCCLURE, JUDGE, BOONE SUPERIOR COURT;
THE HON. SHEILA M. MOSS, JUDGE, LAKE SUPERIOR COURT
JUDGE TALIAFERRO IS DESIGNATED TO SERVE AS THE PRESIDING MASTER.

THIS MATTER SHALL BE HEARD ON A EXPEDITED BASIS. ACCORDINGLY 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 IT FILED. GIVEN THE EXPEDITED NATURE OF THIS PROCEEDING, THE PARTIES SHOULD NOT REQUEST CONTINUANCES OR EXTENSIONS OF TIME EXCEPT IN EMERGENCY SITUATIONS OF AN UNFORESEEN AND EXTRAORDINARY NATURE.

BRENT E. DICKSON, CHIEF JUSTICE
(ORDER REC'D. 10/1/13 AT 3:40 PM) ENTERED 10/2/13 KM

10-02-2013 ****** ABOVE ENTRY MAILED ******

10-10-2013 NOTICE OF APPEARANCE BY BELLE T. CHOATE, ATTY. FOR THE HONORABLE KIMBERLY J. BROWN (2) CERTIFICATE OF SERVICE (2) BY MAIL 10/10/13 ENTERED ON 10/10/13 LH

10-10-2013 0003214-49; EMAIL SENT REGARDING TRANSMISSION OF ORDERS, OPINIONS & NOTICES TO ATTORNEY ETHEL BELLE TURNER CHOATE

10-09-2013
THE COURT HAS ISSUED THE ATTACHED MASTERS REPORT OF SCHEDULE:

MASTERS REPORT OF SCHEDULE:

ON OCTOBER 9, 2013, THE MASTERS PARTICIPATED IN A TELEPHONIC CONFERENCE CALL AND REACHED THE FOLLOWING DECISIONS:

1. A TELEPHONIC PRE-TRIAL CONFERENCE WILL BE HELD ON OCTOBER 23, 2013 AT 11 O'CLOCK A.M. ALL MASTERS CONCUR.

2. THE TRIAL OF THE HONORABLE KIMBERLY J. BROWN WILL BE HELD ON NOVEMBER 4, 5, 6, 7 AND 8, 2013 IN INDIANAPOLIS, INDIANA. THE TRIAL WILL BEGIN EACH DAY AT 9 A.M.

3. WE HAVE ASKED THE COURT ADMINISTRATOR TO RESERVE THE SUPREME COURT COURTROOM OR THE CONFERENCE ROOM FOR THE HEARINGS WITH THE UNDERSTANDING THAT WE WILL BE RELOCATED IF THESE ROOMS ARE NOT AVAILABLE ON THE TRIAL DATES.

4. THE COURT ADMINISTRATOR WILL SECURE A COURT REPORTER.

HON. VIOLA J. TALIAFERRO, PRESIDING MASTER
ENTERED ON 10/10/13 MS

10-15-2013
COMMISSION'S MOTION FOR LEAVE TO AMEND CHARGES AND TO ADD ADDITIONAL COUNTS (6) CERTIFICATE OF SERVICE (6) MAIL 10/15/13
ENTERED ON 10/15/13 MS

10-15-2013 ****RECEIVED 10/15/13: (AMENDED) NOTICE OF THE INSTITUTION OF
FORMAL PROCEEDINGS AND STATEMENT OF CHARGES (6) CERTIFICATE OF
SERVICE (6) MAIL 10/15/13 ENTERED ON 10/15/13 MS

[More] The ILB has sent an inquiry to the Supreme Court press office as to whether the trial on Nov. 4-8 will be open to the public.

Posted by Marcia Oddi on October 16, 2013 09:26 AM
Posted to Indiana Courts