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[SUPREME] Judicial Qualifications Commission files charges against Marion County Judge
Start Date: 8/26/2013 All Day
End Date: 8/26/2013
Entry Description

The Indiana Commission on Judicial Qualifications has filed disciplinary charges against the Honorable Kimberly J. Brown of the Marion Superior Court.  The Commission alleges 45 counts of misconduct—including that Judge Brown’s conduct led to defendants being incarcerated beyond the dates they should have been released. 

Procedurally, the 53-page “Notice of the Institution of Formal Proceedings and Statement of Charges” has been filed with the Appellate Clerk’s office.  The charges are only allegations.  Only the Indiana Supreme Court can determine whether and what, if any, misconduct occurred.  Judge Kimberly Brown has the opportunity to file a formal Answer to the charges within twenty days of being notified that she is facing judicial misconduct charges.

Generally, the charges allege Judge Kimberly Brown violated the Code of Judicial Conduct while serving as an elected Judge in Marion Criminal Court Division 16 and Criminal Court Division 7.  The allegations include:

• delay and dereliction of judicial duties on cases
• creation of a hostile environment for attorneys, court staff, clerks and others
• failure to adequately complete necessary paperwork
• failure to train or adequately supervise court staff and subordinate judicial officers
• delay in the release from incarceration of at least nine defendants

The charges center on actions that took place from January 2009 through July 2013.  The Commission alleges, “defendants suffered detrimental consequences due to the judge’s failure to rule on motions in a timely fashion.”  She is accused of continuing bench trials for extended periods if she did not believe they could be completed by 4 p.m. and making derogatory comments about staff members.  Judge Brown has a high rate of staff turnover, and is alleged to have fired a staff member she believed complained about her.

Judge Kimberly Brown faces charges of violating the Code of Judicial Conduct, including that she failed to preserve the integrity of the judiciary; perform judicial duties competently, diligently, and promptly; be patient, dignified, and courteous to all individuals with whom the judge deals in an official capacity; cooperate with other judges and court officials in the administration of court business; and require court staff to act in a manner consistent with the judge’s obligations under the Code of Judicial Conduct.
 
The Commission on Judicial Qualifications is the 7-member group that investigates alleged ethical misconduct by judges and candidates for judicial office. The Indiana Supreme Court has final authority over judicial discipline. The Court can dismiss the charges against Judge Brown, or it can impose sanctions ranging from a reprimand to a permanent removal from judicial office.

Contact Information:
Name: Kathryn Dolan
Phone: 317-234-4722
Email: kathryn.dolan@courts.in.gov
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Attachments For This Entry:
    > Notice of Proceedings Pages 1-20 Judge Kimberly J. Brown
    > Notice of Proceedings Pages 21-33 Judge Kimberly J. Brown
    > Statement of Charges Judge Kimberly J. Brown
Entry Type:
Press Release
Entry Category:
  • Alerts and Notification
  • Announcements
  • IN.gov Category:
  • Law & Justice
  • Agency Name
    Courts, Indiana

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