On Wednesday, March 26, 2025, Hoosier Enquirer reported that Marion County Superior Court Judge Clayton Graham recused himself from a high-profile case following allegations of bias and misconduct raised by pro se litigant Gabriel “Gabe” Whitley. Whitley, who is known for his conservative views and previous candidacy for Congress, accused Judge Graham of attempting to shield Marion County Prosecutor Ryan Mears from accountability.

The controversy began when Whitley filed a lawsuit in December against Mears, claiming the prosecutor violated his constitutional rights by arresting him over a social media post. According to Indiana court rules, defendants have 20 days to respond to lawsuits. However, Mears did not reply for three months, prompting Whitley to seek a default judgment against him. Legal experts noted that Whitley’s motion for a default judgment was well-founded, as Mears’ failure to respond typically should have resulted in an automatic win for Whitley.

Despite the apparent validity of Whitley’s motion, Judge Graham appeared hesitant to grant the judgment, leading to accusations from Whitley of judicial misconduct. In a letter to Graham, Whitley expressed his frustration, stating that the judge was undermining his due process rights and turning the court proceedings into a “political circus.” He demanded either a ruling on the default judgment or Graham’s recusal from the case, warning that the judge’s actions indicated bias.

Responding to the mounting pressure, Judge Graham ultimately decided to step aside from the case. Whitley celebrated this development as a significant victory in his efforts to hold the judicial system accountable. In a public statement, he asserted that Graham’s recusal was a direct result of exposing what he termed the judge’s corruption. Whitley emphasized that he achieved his default judgment through legitimate means and criticized any interference from Graham as an attempt to undermine his legal rights.

Following Graham’s recusal, Whitley announced intentions to pursue felony charges against the judge, alleging official misconduct and obstruction of justice. He framed his battle as part of a broader struggle for accountability within the judicial system, stating that no one is above the law and that the rule of law is essential in Indiana.

The case has drawn attention from legal observers, particularly regarding the implications of Judge Graham’s actions in a county historically dominated by Democratic leadership. Mears, who has faced scrutiny for his progressive policies, including the decision not to prosecute low-level marijuana offenses, is now at the center of a political and legal controversy. Whitley’s allegations assert that Mears targeted him for exercising his right to free speech.

The Indiana Commission on Judicial Qualifications is now tasked with reviewing Whitley’s complaint against Judge Graham. The allegations of felony offenses are serious and, if validated, could lead to either disciplinary actions or a criminal investigation. While the Commission’s proceedings are typically confidential unless formal charges are brought forth, the public nature of Whitley’s accusations ensures the issue will remain in the spotlight.

For Whitley, this legal battle is more than a personal challenge; it represents a call for greater accountability from public officials. He has made it clear that any judicial actions perceived as politically motivated will be met with scrutiny and opposition. As the case progresses, and with a potential appeals court showdown on the horizon, Whitley remains steadfast in his commitment to pursue justice.

 

 

Source: Hoosier Enquirer