ILNews

Defense attorneys lose appeal for compensation

Back to TopCommentsE-mailPrintBookmark and Share

Two private defense lawyers in Marion County failed to convince the Indiana Court of Appeals that they should be retroactively appointed by the Marion County Public Defender Agency and compensated for their legal work on a case that has an intricate maze of attorney representation over the course of five years.

The court’s ruling came Friday in Timothy-Patrick Treacy v. State, No. 49A02-1010-CR-1254, an attorney fee-focused continuation of a criminal appeal that a separate appellate panel had decided in a not-for-publication ruling in September 2010.

In the underlying case that evolved in Marion Superior Judge Rueben Hill’s court, Timothy-Patrick Treacy was charged in August 2006 with two misdemeanor and two felony drunk driving counts and a misdemeanor public intoxication charge. But multiple delays involving attorney representation and court congestion pushed his jury trial back three years, and Treacy was eventually convicted on all counts in August 2009. He received a sentence that was mostly suspended and resulted in 100 days in jail and probation.

Treacy challenged the convictions on grounds that he didn’t receive a trial within one year as required by Indiana Criminal Rule 4(C), but the appellate court in September 2010 affirmed the lower court’s findings because the delays were mostly caused by the defendant.

But the lawyering continued, as private attorneys Paul Ogden and Patrick Stern who’d represented Treacy toward the end of those four years argued they should be retroactively appointed as public defenders and compensated for their work. The roadmap to Treacy’s representation is scattered through two appellate records, from this most recent attorney-fees ruling to the original Court of Appeals’ NFP decision upholding Treacy’s criminal convictions and sentence.

In the four years from when the case began to when it was completed in Marion Superior Court, the defendant had five lawyers representing him at the trial level along with multiple stints of pro se representation – the list includes two private attorneys whom Treacy fired, a public defender he threatened to file a lawsuit against, and two private attorneys who were later ordered to stay on the case or represent him intermittently because of counsel indecision or delays.

James Recker was hired and then fired between August 2006 and June 2007, and Treacy wasn’t sure about hiring another lawyer or proceeding pro se. The judge appointed Marion County public defender A.J. Reiber until the defendant decided how he wanted to proceed.

Private attorney Jeffrey McQuary appeared for a September 2007 hearing, but within four months Treacy fired him. Treacy wanted to proceed pro se, and told the court that Reiber couldn’t be re-appointed because he was threatening to sue the public defender on claims he owed Treacy $3.5 million for violating his rights.

After more delays, private defense attorney Patrick Stern represented Treacy at a January 2009 hearing after the defendant’s mother retained him for $1,000.

Several more disagreements surfaced between Treacy and his counsel, with Stern noting more than once that he’d been terminated, but the defendant indicated that was not the case and the court ordered Stern to remain as counsel on the case. At one point in July 2009, after Treacy again said he’d fired Stern, Senior Judge Richard Sallee ordered Paul Ogden, who was sitting in the courtroom gallery at the time, to assist in reviewing some tapes because he was representing Treacy in an unconnected civil matter.

About three years after the man had first been charged, the jury trial commenced and Treacy was convicted and sentenced within a month. Both Ogden and Stern were representing Treacy at the time, the court records show.

Within a month of Treacy’s sentencing, Ogden and Stern both filed petitions ordering the county to pay for their costs, which were $3,765 and $3,500 respectively. Judge Hill denied the motions, and the Indiana Court of Appeals has now dismissed the appeal – mostly because the majority found that Ogden and Stern weren’t parties to the case and Treacy hadn’t requested public appointment of the two lawyers.

Finding that it didn’t have subject matter jurisdiction, the appellate court described this as an attempt to circumvent trial and appellate rules to litigate a compensation dispute with the MCPDA on appeal rather than through a separate lawsuit.

“Although this appeal is styled as a challenge to the trial court’s denial of Treacy’s request for counsel at public expense, no such denial is actually claimed,” Judge Cale Bradford wrote. “This appeal is, in fact, an appeal prosecuted by Ogden and Stern on their own behalf in an attempt to have the MCPDA reimburse them for representing Treacy.”

Judge John Baker concurred, but Judge Melissa May disagreed and found that Ogden and Stern were proper parties and they should address the merits. She would affirm the attorney fee denials because Treacy had not raised this argument on appeal and waived it, but also because he’d been given the chance for a public defender.

“If a defendant wishes representation at public expense, he must accept the public defender appointed by the trial court; to permit any other system would undermine the public defender system created by our legislature and increase the cost of providing defense for all indigent defendants.”

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

ADVERTISEMENT