ILNews

Delaware Circuit judge resigns

Michael W. Hoskins
January 1, 2008
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A Delaware County judge is resigning more than a month after the Indiana Judicial Qualifications Commission initiated an investigation of his business interests and judicial obligations.

Delaware Circuit Judge Wayne J. Lennington announced his resignation in a letter to Gov. Mitch Daniels last week. The judge did not return telephone calls from Indiana Lawyer, but he told media in Muncie that he wasn't resigning because of the investigation and had informed the commission that "health reasons" prompted his resignation.

His resignation takes effect May 15, which means the governor will need to appoint a successor.

Judge Lennington took the bench in 1998 after being appointed by then-Gov. Frank O'Bannon, and he'd served as a master and probate commissioner in the county since 1990.

Muncie attorney Charles Clark, who is representing Judge Lennington, said he wasn't able to speak about the matter and wasn't able to confirm any reasons for the judge's resignation. He did confirm that an agreement for resignation had been reached, though.

"The less said the better, I think," Clark told Indiana Lawyer today.

Whether Judge Lennington committed any misconduct was never established because he announced his retirement before it could get to that point, according to commission counsel Meg Babcock.

An agreement released by the commission states that it has agreed to suspend the investigation it began Feb. 25 but retains the right to reopen the probe if the judge violates the terms. One of the restrictions states the judge "will make no public statements misrepresenting the status of the Commission's investigation, of the criminal investigation, or of the terms of the Commission's agreement to suspend the investigation."
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  1. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  3. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

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