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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. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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