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Attorneys ask judge to recuse himself from Simon case

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Attorneys for Bren Simon turned their ire toward a Hamilton County judge on Tuesday, asking him to recuse himself from a legal battle over real estate magnate Melvin Simon's $2 billion estate.

They took issue with Judge William J. Hughes' choice of personal counsel to represent him in front of a state judicial commission. The judge hired two attorneys with Bingham McHale after he was arrested for driving while intoxicated in North Carolina in October.

Other attorneys at the Indianapolis-based firm represent Simon Property Group Inc. in the contentious estate dispute.

Judge Hughes said in open court Tuesday that he jettisoned the Bingham McHale attorneys—Kevin McGoff and James Bell—on Nov. 22, three days after Bren's attorneys objected and asked for a stay in the case.

Judge Hughes said he has "no bias" for any party or attorney in the case.

Attorneys for Bren, Melvin's widow, were not convinced.

"I am seeking fair and impartial judgment on behalf of my client," attorney Michael Ciresi said in a terse exchange with the judge.

Judge Hughes, who was vacationing when he was arrested Oct. 27, said he was not under the influence when he amended an order in the Simon case earlier that same day.

In court on Tuesday, Judge Hughes turned down a request to put off hearings on several procedural matters, but the judge said he would not immediately rule on the items under discussion.

Melvin’s daughter Deborah Simon is challenging the will in court, saying her father was coerced into approving a new estate plan that dramatically increased the amount of his fortune going to Bren. She also wants her stepmother removed as trustee of the estate while the broader case is pending.

Simon Property Group, meanwhile, joined the dispute to determine whether it must honor Bren Simon’s request to convert $500 million of her late husband's ownership stake in the publicly traded company into common shares or cash.

Judge Hughes said he will cooperate if Bren's attorneys follow legal protocol in appealing to a higher court to have him removed from the case. But he refused to allow verbal arguments on the issue in open court.

"I'm not turning this into a circus for anyone's benefit" said Judge Hughes, a 22-year veteran of the bench.

His initial court hearing in the DWI case is scheduled for January.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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