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City court judge resigns, banned from bench

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The Indiana Supreme Court has accepted the resignation from the bench of a suspended city court judge accused of theft. The judge is also permanently banned from judicial office.

Bicknell City Court Judge David A. Moreland and the Indiana Commission on Judicial Qualifications tendered a conditional agreement in which the commission agreed to suspend its prosecution of the non-attorney judge and ask that the case be dismissed in exchange for Judge Moreland's resignation from office. The agreement also permanently bans him from judicial service, requires repayment of costs of the proceeding, and prevents him from making public statements misrepresenting the status of the investigation or terms of the agreement.

If Judge Moreland violates the terms of the agreement, the commission can re-file charges of ethical misconduct.

The commission filed charges against the judge in December 2009 after he was arrested for five counts of felony theft. Judge Moreland is accused of knowingly exerting unauthorized control over cash payments that resolved failures to appear and restore drivers' licenses, payments for infraction tickets written by the Bicknell Police Department but not recorded with the city court, and cashed checks from the Bicknell City Court without authorization. His wife, Cindy, is also facing five felony theft charges; she was the clerk of the court at the time of the alleged theft.

The Supreme Court accepted the parties' agreement, finding further prosecution to be unnecessary because Judge Moreland could have likely faced removal from office, a ban on serving as a judicial officer, and the costs of the proceedings. Continuing the proceeding would be a waste of limited judicial resources, the justices concluded.

The resignation is effective immediately. The matter is dismissed without prejudice regarding the commission's right to re-file charges. Judge Moreland must send a resignation letter to Gov. Mitch Daniels.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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