Judge Graham Recuses After Felony Charges Referral to Indiana Commission for Violating Court Rules to Shield Marion County Prosecutor

Judge Graham recuses himself after felony charges referred to the Indiana Commission.

By Kelly Roberts, Hoosier Enquirer

March 26, 2025 – Indianapolis, IN

In a dramatic turn of events, Marion County Superior Court Judge Clayton Graham has recused himself from a contentious case after pro se litigant Gabriel “Gabe” Whitley accused him of bias, corruption, and felony-level misconduct. Whitley, a conservative firebrand and former Republican congressional candidate, didn’t mince words when he reported Graham to the Indiana Commission on Judicial Qualifications, alleging the judge obstructed justice and engaged in official misconduct to shield Marion County Prosecutor Ryan Mears, a Democrat. The recusal marks a stunning victory for Whitley, who has relentlessly fought to hold the judicial and prosecutorial establishment accountable.

The saga began in December when Whitley filed a lawsuit against Mears, accusing the prosecutor of violating his constitutional rights by arresting him over a tweet. Under Indiana court rules, a defendant has 20 days to respond after being served with a lawsuit. Mears, however, failed to reply for three months—until March—prompting Whitley to file a motion for a default judgment. By all accounts, Whitley’s motion was airtight; he followed the rules meticulously, and Mears’ silence should have secured an automatic win. But Judge Graham, a Democrat-appointed jurist, appeared poised to intervene, raising eyebrows and Whitley’s ire.

Whitley’s frustration boiled over in a blistering letter to Graham, where he accused the judge of trampling on his due process and turning the courtroom into a “political circus.” In the letter, Whitley wrote, “I won my default judgment fair and square—the Defendants ignored my lawsuit for three months, and I followed every single rule as a pro se litigant. Yet here you are, acting like my motions don’t deserve a shred of respect… Your actions scream bias, and I’ve already reported you to the Indiana Commission for it.” He demanded Graham either recuse himself or rule on the default judgment immediately, warning, “Do your job or get out of the way.”

The pressure worked. Graham stepped aside, effectively removing himself from the case. Whitley wasted no time celebrating the win and doubling down on his crusade for justice. In a fiery public statement, he declared, “Marion County Superior Court Judge Clayton Graham stepped down after I exposed his corruption… This so-called ‘judge’ tried to protect @ryanmearsindy and meddle in my hard-fought, God-given right to a default judgment. I won that victory through honest means, and no liberal activist in a robe can take it away.”.

Whitley’s statement didn’t stop there. He vowed to pursue felony charges against Graham, asserting, “We’ll keep pushing for felony charges against the dishonorable Clayton Graham for his blatant official misconduct and obstruction of justice. Justice isn’t negotiable.” He framed the fight as a broader battle for accountability, adding, “Ryan Mears and every elected official in Indiana need to remember: nobody’s above the law… The rule of law still matters in this state, and we’ll fight to keep it that way.”

For conservatives across Indiana, Whitley’s stand is a rallying cry against what they see as a entrenched liberal elite in Marion County’s courts and prosecutor’s office. Mears, who has faced criticism for his progressive policies—like refusing to prosecute low-level marijuana cases—now finds himself at the center of a legal and political storm. Whitley’s lawsuit alleges Mears overstepped his authority by targeting him for exercising free speech, a claim that resonates with Hoosiers wary of government overreach.

Ryan Mears on the left, Gabe Whitley on the right.

Legal observers note that default judgments are typically straightforward when a defendant fails to respond within the mandatory timeframe. Mears’ three-month delay should have handed Whitley the win without controversy. Graham’s apparent reluctance to grant the judgment, followed by his recusal under pressure, raises questions about judicial impartiality in a county long dominated by Democratic leadership. Whitley’s success as a pro se litigant—a rarity in itself—underscores his determination and casts a harsh spotlight on Graham’s conduct.

The Indiana Commission on Judicial Qualifications now holds the next move. Whitley’s complaint accuses Graham of felony offenses, a serious charge that, if substantiated, could lead to disciplinary action or even criminal investigation. While the Commission’s proceedings are confidential unless formal charges are filed, Whitley’s public accusations ensure this story won’t fade quietly.

For Gabe Whitley, this is more than a personal victory—it’s a call to arms. “We, the people, demand accountability from those in power,” he said. “Any judge who wants to play political games and prop up Ryan Mears instead of upholding the Constitution will answer for it.” As the case heads toward a potential appeals court showdown, one thing is clear: Whitley isn’t backing down, and the Hoosier Enquirer will be watching every step of this fight for justice.

Kelly Roberts is a reporter for the Hoosier Enquirer, covering politics and legal affairs in Indiana with a focus on conservative perspectives.