Marion Superior Judge Kimberly Brown refused to be sworn during a deposition before the Judicial Qualifications Commission – a videotaped moment of defiance used against her Monday at the outset of her weeklong disciplinary case.
Over the objection of Brown’s attorneys, the three-judge panel of special masters allowed into evidence the judge’s videotaped refusal to swear to tell the truth during an Aug. 1 deposition in the case that now includes 47 counts of judicial misconduct.
“I am always an officer of the court,” Brown says in refusing to take the oath. “I am a judge.”
Meanwhile, Brown’s attorneys said the case against her is a result of problems with her court staff and that she’s being singled out for delayed releases of criminal defendants that have happened with other Marion Superior judges.
Brown was the first witness called in a hearing expected to last at least through the end of this week and possibly into next week. Brown wiped away tears as she attempted to explain why she refused to be sworn in the deposition. “I believe I’m always an officer of the court and therefore always bound to the truth,” she said.
“But you decided to do something different today,” JQC attorney Adrienne Meiring said after Brown took an oath before the masters. Retired Monroe Circuit Judge Viola Taliaferro is presiding over the panel that includes Boone Superior Judge Rebecca S. McClure and Lake Superior Judge Sheila M. Moss.
Meiring pointed Brown to rules of evidence requiring witnesses be sworn and admitted into evidence the statutes governing oaths that judges and other public officials such as police officers must take. Taliaferro asked Brown multiple times to explain why she believed she wasn’t required to swear an oath at the deposition.
“I wasn’t basing it on anything other than I’m always an officer of the court,” Brown said.
Meiring argued that Brown’s refusal to be sworn at the deposition illustrated the nature of many of the complaints against her. The charges against Brown include allegations that she delayed release of at least nine defendants – in one case for 22 days – failed to properly oversee her court, was hostile toward parties who came before and retaliated against court staff who complained, among other things.
Meiring opened by using Brown’s alleged words against her – “This isn’t McDonald’s … It’ll get ruled on when it gets ruled on,” Meiring said. “This is not simply a situation of a bad day.
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Judge facing discipline refused to take deposition oath