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Wednesday, January 08, 2014

Ind. Courts - Masters Panel rejects Judge Brown's effort to by-pass the Panel

The panel of special masters in the Judge Kimberly Brown disciplinary case has, in a filing Jan. 2, 2014, stricken Judge Brown's Dec. 11, 2013 filing ("Submission to Discipline in Lieu of Submission of Finding") which also included former-Justice Frank Sullivan's vouching letter.

Here is the 3-page Jan. 2, 2014 "REPORT AND RECOMMENDATION OF SPECIAL MASTERS AS TO RESPONDENT'S SUBMISSION TO DISCIPLINE IN LIEU OF SUBMISSION OF FINDINGS." See this Dec. 21 post for background. As the panel puts it [ILB emphasis]:

On or about December 11,2013, Brown by-passed the Panel of Special Masters and tiled a document entitled "SUBMISSION TO DISCIPLINE IN LIEU OF SUBMISSION OF FINDINGS" with an affidavit by former Indiana Supreme Court Justice Frank Sullivan with the Clerk of the Indiana Supreme Court. The submission was later supplied to the Special Masters by the Supreme Court. The submission contained an apology, admitted disciplinary violations, and a limited acceptance of responsibility.
After setting out their findings, the masters conclude:
The proposal in Brown's Submission is rejected, the Affidavits submitted are stricken, and Brown's Motion for leave to file a reply to the Commission's Answer is denied. Further the Special Masters Amend their earlier recommendation to the Supreme Court, by adding that the Special Masters do not recommend the suspension of Judge Brown's license to practice law. Otherwise, the Special Master's Report to the Supreme Court stands as filed.
As discussed in this Dec. 30, 2013 ILB post, that would conform to the Supreme Court decision in the Judge Joan Kouros disciplinary case in 2004, where after removing Judge Kouros, the Court continued: "Respondent is not to be suspended from practicing law in this State and that she may practice law after her removal from office becomes effective."

Posted by Marcia Oddi on January 8, 2014 03:10 PM
Posted to Indiana Courts