Legal Ethics

Lawsuits, Disciplinary Complaints Over Indiana Defendant's Delayed Release

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An Indiana judge is facing potential discipline after court commissioner under his supervision delayed the release of a convicted rapist apparently cleared by DNA evidence.

Although former Master Commissioner Nancy Broyles held a hearing in March 2005 to consider DNA evidence in the case of Harold David Buntin, it wasn’t until March 2007 that an official decision was rendered, recounts the Indianapolis Star. A series of mishaps reportedly led to the delay; at one point, the court lost Buntin’s file.

Broyles reached an undisclosed agreement with the Indiana Commission on Judicial Qualifications over her handling of the case, the newspaper says, but a panel of three judges from outside Marion County is now considering what recommendations to make to the state supreme court concerning disciplinary charges against Judge Grant Hawkins. The panel held a two-day hearing this week.

Buntin “now has a pending lawsuit against the Marion County clerk and Hawkins’ court,” the newspaper article continues. “In another suit, court records show he reached a settlement with his defense attorney, Carolyn Rader.”

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