ILNews

Dropped charges against former IURC chief won’t be appealed

Back to TopCommentsE-mailPrintBookmark and Share

The state no longer is contesting the dismissal of official misconduct charges against former Indiana Utility Regulatory Commission Chairman David Lott Hardy.

Hardy’s attorney, David Hensel of Pence Hensel LLC, said time for the state to seek further review of court rulings dismissing the charges had expired, leaving to stand an April 29 Court of Appeals ruling.

Former Gov. Mitch Daniels fired Hardy after he was accused of allowing then-IURC administrative law judge Scott Storms to continue to hear Duke Energy cases even as Storms was trying to land a job with the utility. Hardy also was accused of having ex parte communications with Duke about its Edwardsport coal-gasification power plant project in 2010.

Hardy was indicted on Class D felony official misconduct charges by a Marion County grand jury in 2010, but Marion Superior Judge William Nelson later dismissed the charges. The state appealed the ruling.

The Court of Appeals affirmed dismissal of the charges. The appellate panel ruled that precedent and caselaw establish the official misconduct statute may not be applied without an underlying criminal offense, and there were none in Hardy’s case.

Hensel said the arguments that prevailed at the trial and appellate courts were the same that failed to dissuade Marion County Prosecutor Terry Curry from filing charges.
 
“Mr. Hardy is gratified that the Court of Appeals unanimously confirmed that he did not engage in any criminal conduct and upheld the dismissal of all charges against him,” Hensel said in a statement.

Bryan Corbin, spokesman for the Indiana attorney general’s office, said that because the Legislature amended the statute after charges against Hardy were dropped, any appeal would have applied only in his case.

 “After carefully reviewing the Indiana Court of Appeals’ April 29 decision that upheld dismissal of charges … and after consulting with the Marion County prosecutor, the Indiana attorney general’s office determined that an appeal to the Indiana Supreme Court is likely unwinnable even if the Court accepted the case for hearing, so it would not be appropriate to request transfer here,” Corbin said.



 

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT