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City court judge resigns, banned from bench

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The Indiana Supreme Court has accepted the resignation from the bench of a suspended city court judge accused of theft. The judge is also permanently banned from judicial office.

Bicknell City Court Judge David A. Moreland and the Indiana Commission on Judicial Qualifications tendered a conditional agreement in which the commission agreed to suspend its prosecution of the non-attorney judge and ask that the case be dismissed in exchange for Judge Moreland's resignation from office. The agreement also permanently bans him from judicial service, requires repayment of costs of the proceeding, and prevents him from making public statements misrepresenting the status of the investigation or terms of the agreement.

If Judge Moreland violates the terms of the agreement, the commission can re-file charges of ethical misconduct.

The commission filed charges against the judge in December 2009 after he was arrested for five counts of felony theft. Judge Moreland is accused of knowingly exerting unauthorized control over cash payments that resolved failures to appear and restore drivers' licenses, payments for infraction tickets written by the Bicknell Police Department but not recorded with the city court, and cashed checks from the Bicknell City Court without authorization. His wife, Cindy, is also facing five felony theft charges; she was the clerk of the court at the time of the alleged theft.

The Supreme Court accepted the parties' agreement, finding further prosecution to be unnecessary because Judge Moreland could have likely faced removal from office, a ban on serving as a judicial officer, and the costs of the proceedings. Continuing the proceeding would be a waste of limited judicial resources, the justices concluded.

The resignation is effective immediately. The matter is dismissed without prejudice regarding the commission's right to re-file charges. Judge Moreland must send a resignation letter to Gov. Mitch Daniels.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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