In an unexpected turn of events, Gabriel “Gabe” Whitley, a pro se litigant, accused Marion County Superior Court Judge Clayton Graham of bias, corruption, and felony-level wrongdoing. Graham then recused himself from a case that was causing a lot of trouble. Whitley, a fiery conservative and former Republican candidate for Congress, didn’t hold back when he told the Indiana Commission on Judicial Qualifications that Graham had obstructed justice and done improper things at work to protect Democrat Marion County Prosecutor Ryan Mears. The recusal is a huge win for Whitley, who has been fighting hard to hold the legal and prosecutorial system responsible.
In December, Whitley sued Mears, saying that the prosecutor had broken his civil rights by arresting him because of a tweet. This was the start of the whole mess. A person who is being sued in Indiana has 20 days to reply, according to court rules. But Mears didn’t answer for three months, until March, so Whitley filed a move for a default judgement. Whitley’s move seemed to be perfect; he followed the rules exactly, and Mears’ silence should have meant an automatic win. But Judge Graham, a judge chosen by Democrats, looked like he was about to step in, which made people look at him funny and made Whitley angry.
Whitley wrote a scathing letter to Graham in which he vented his anger and said the judge was violating his rights and turning the courtroom into a “political circus.” “I won my default judgement fair and square,” Whitley wrote in the letter. “The Defendants ignored my lawsuit for three months, and I followed every single rule as a pro se litigant.” But here you are, acting like my movements don’t matter at all… Because of this, I have already told the Indiana Commission about your perceived bias. He told Graham, “Do your job or get out of the way,” and told him to either step down or rule on the default judgement right away.
The stress worked. Graham stood back, which meant he was no longer involved in the case. Whitley didn’t wait to celebrate his win and step up his fight for justice. In a fiery public speech, he said, “Deputy Marion County Superior Court Judge Clayton Graham quit after I showed how corrupt he was…” This so-called “judge” tried to protect @ryanmearsindy and get in the way of my God-given right to a default judgement, which I had fought hard for. That win was earned honestly, and no robed liberal activist can take it away.
Whitley didn’t end his comments there. By saying, “We’ll keep pushing for felony charges against the dishonourable Clayton Graham for his blatant official misconduct and obstruction of justice,” he promised to bring charges against Graham. “Justice can’t be negotiated.” He saw the fight as a bigger one for accountability, saying, “Ryan Mears and every other elected official in Indiana need to remember: that no one is above the law.” We’ll fight to keep the rule of law strong in this state at all costs.
People on the right in Indiana see Whitley’s stance as a rallying cry against what they see as a strong liberal elite in Marion County’s courts and prosecutor’s office. People don’t like Mears’s liberal policies, like the fact that he won’t go after low-level pot crimes. He is now in the middle of a legal and political storm. Whitley’s case says Mears went too far by going after him for free speech, which is a claim that Hoosiers who are wary of government overreach can relate to.
Legal experts say that default judgements are usually easy to understand when a defendant doesn’t reply within the required timeframe. Because Mears waited three months, Whitley should have won without any problems. Graham’s obvious reluctance to make the decision and then his decision to step down under pressure raises concerns about the fairness of the courts in a county that has been led by Democrats for a long time. Whitley’s success as a pro se litigant—which is very rare—shows how determined he is and shines a sharp light on Graham’s behaviour.
The Indiana Commission on Judicial Qualifications is in charge of what to do next. In Whitley’s lawsuit, Graham is accused of felony crimes, which is a very serious charge that could lead to punishment or even a criminal investigation if proven. The Commission’s work is private unless official charges are brought, but Whitley’s public accusations will make sure this story doesn’t go away quietly.
That’s more than just a win for Gabe Whitley; it’s a call to arms. “We the people demand that those in power answer to us,” he said. “Any judge who wants to support Ryan Mears for political reasons instead of following the Constitution will have to answer for it.” One thing is clear: Whitley isn’t giving up, and the Hoosier Enquirer will be there for every step of this fight for justice. The case could end up in appeals court.
