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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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  3. Do you know who the sponsor of the last-minute amendment was?

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