The Honorable Kimberly J. Brown, Judge of the Marion Superior Court, 4 N.E.3d 619

Indiana Supreme Court reviews a disciplinary action against Marion Superior Court Judge Kimberly J. Brown under Article 7, Section 4 and Indiana Rule 25.
Special Masters investigated, held a hearing with numerous witnesses and exhibits, and recommended removal from office for 46 of 47 counts.
Brown admitted most misconduct in a Submission and urged a 60-day suspension; Masters ultimately recommended removal.
Misconduct included mismanagement, delays, and dereliction of duties, plus inappropriate demeanor, retaliation, and hostile environment for staff and attorneys.
Delays included late rulings, missing/misfiled paperwork, and failure to vacate reversed judgments; ten defendants were improperly delayed in jail releases in 2013.
Court ultimately removed Brown from office effective immediately; removal renders her ineligible for judicial office.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Brown’s misconduct warrants removal from office	Brown (Commission) argues removal is required given egregious pattern	Brown argues for lesser sanction, e.g., 60-day suspension	Removal warranted
Whether mismanagement and delays violated Code of Judicial Conduct	Commission proves widespread mismanagement and repeated delays	Brown contends some delays are non-recurrent or not pervasive	Yes; supported by clear and convincing evidence
Whether inappropriate demeanor and retaliation violated ethics rules	Commission demonstrates hostile conduct toward staff and attorneys and retaliation	Brown minimizes or disputes severity	Yes; conduct violated multiple rules
Whether Brown cooperated with the Commission	Commission shows numerous untimely, incomplete, or evasive responses	Brown disputes or downplays cooperation	Lack of cooperation weighed against Brown
Whether removal is appropriate given the magnitude and persistence of misconduct	Removal is necessary to protect integrity of judiciary	Suspension could suffice to address issues	Removal appropriate; immediate and permanent

Matter of Kouros, 816 N.E.2d 21 (Ind.2004) (removal warranted where persistent mismanagement and impact on justice system)
Matter of Hawkins, 902 N.E.2d 231 (Ind.2009) (discipline to preserve integrity; timely justice emphasized)
Boles, 555 N.E.2d 1284 (Ind.1990) (sixty-day suspension for misconduct involving attorney dispute and retaliation)
Danikolas, 838 N.E.2d 422 (Ind.2005) (sixty-day suspension for retaliatory discharge and misrepresentations)
Matter of Kouros, 816 N.E.2d 21 (Ind.2004) (discussed as precedent for removal due to systemic court dysfunction)
Matter of McClain, 662 N.E.2d 935 (Ind.1996) (duty to cooperate in disciplinary investigations)