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ATTORNEY FOR HON. GRANT W. HAWKINS, JUDGE Kevin P. McGoff Indianapolis, Indiana ATTORNEYS FOR HON. NANCY BROYLES, COMMISSIONER James H. Voyles Jennifer M. Lukemeyer Indianapolis, Indiana

ATTORNEY FOR THE COMMISSION ON JUDICIAL QUALIFICATIONS Adrienne L. Meiring Brenda F. Rodeheffer Indianapolis, Indiana

FILED
Mar 11 2009, 4:19 pm

______________________________________________________________________________

In the

of the supreme court, court of appeals and tax court

CLERK

Indiana Supreme Court
_________________________________ No. 49S00-0804-JD-157 IN THE MATTER OF: THE HONORABLE GRANT W. HAWKINS, JUDGE IN THE MARION SUPERIOR COURT and THE HONORABLE NANCY BROYLES, COMMISSIONER IN THE MARION SUPERIOR COURT _________________________________ JUDICIAL DISCIPLINARY ACTION Hon. Marianne L. Vorhees, Hon. Clarence D. Murray, and Hon. Terry C. Shewmaker, Special Masters _________________________________

March 11, 2009 Per Curiam.

This matter comes before the Court as a result of judicial disciplinary actions initiated on April 9, 2008, by the Indiana Commission on Judicial Qualifications ("Commission") against

Grant W. Hawkins, Judge in the Marion Superior Court, Criminal Division 5 ("Court 5") and against Nancy Broyles, a Commissioner serving in Court 5. These actions were consolidated on June 18, 2008. Article 7, Section 4 of the Indiana Constitution and Indiana Admission and Discipline Rule 25 give the Indiana Supreme Court original jurisdiction over this matter.

Judge Hawkins and Commissioner Broyles are charged with various violations of the Code of Judicial Conduct arising out of excessive delays in issuing rulings on prisoners' petitions for post-conviction relief, which in one case resulted in a prisoner's incarceration being unnecessarily prolonged by nearly two years, and other issues that arose during the Commission's investigation of these delays. On October 10, 2008, the Court entered an order approving a "Statement of Circumstances and Conditional Agreement for Discipline" tendered by Commissioner Broyles and the Commission. Under this agreement, Commissioner Broyles admitted judicial misconduct and has been permanently banned from serving in any judicial capacity of any kind. On October 30, 2008, the Special Masters appointed in this case filed their "Masters' Findings of Fact, Conclusions of Law, and Recommendations to the Indiana Supreme Court" with respect to Judge Hawkins. The matter has been fully briefed, and the Court now concludes that Judge Grant Hawkins has committed judicial misconduct. Three members of this Court agree that Judge Hawkins accordingly should be suspended from office without pay for at least sixty (60) days.

Part I

At all times pertinent to the charges, Grant Hawkins served as the judge of, and Nancy Broyles served as a part-time master commissioner in, Court 5.1 From January 2001 through February 2007, Commissioner Broyles was the judicial officer who primarily reviewed and presided over Court 5's post-conviction relief ("PCR") cases.
1

The Marion Superior Court may appoint master commissioners to assist with various judicial duties. See Ind. Code

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