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COA affirms dropped charges for ex-IURC chief Hardy

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Because David Lott Hardy, former chairman of the Indiana Utility Regulatory Commission, broke no laws, a trial court didn’t abuse its discretion in dismissing felony official misconduct charges against him, the Indiana Court of Appeals held Tuesday.

“Because our Supreme Court has interpreted the official misconduct statute to require a charge of official misconduct to rest upon criminal behavior that is related to the performance of official duties, we conclude that the trial court did not abuse its discretion when it dismissed the State’s charges against Hardy,” Judge Rudy R. Pyle III wrote for the panel, citing State v. Dugan, 793 N.E.2d 1034 (Ind. 2003). “We need not address any of the State’s or Hardy’s remaining arguments.”

The state appealed Marion Superior Judge William Nelson’s dismissal of four class D felony official misconduct counts against Hardy in State of Indiana v. David Lott Hardy, 49A02-1309-CR-756.

The state claimed on appeal that the official misconduct statute did not require a predicate criminal offense.

The charges against Hardy were based on ethical and administrative violations alleged in his involvement in the permitting process for Duke Energy’s coal-gasification plant in Edwardsport. Former Gov. Mitch Daniels fired Hardy after accusations arose that he lobbied Duke officials on behalf of Scott Storms, who had been an administrative law judge hearing Duke cases at the IURC while also trying to land a job with the utility.

Hardy’s case also involved variations of the official misconduct statutes. Prior to July 1, 2011, the code defined the offense as an act a public servant  was “forbidden by law” to perform. The statute that took effect after July 1, 2011, I.C. 35-44.1-1-1 rewrote the code to require an underlying crime, and that revised statute was applied retroactively to Hardy.

Under either version, though, the court held, “Dugan unequivocally established that a charge of official conduct must be based on a criminal offense.”

It’s unclear whether the attorney general’s office will appeal.
 
"The Attorney General's Office represents the prosecution on appeal and sought to have the criminal charges reinstated in pursuit of justice, but respects the Court's ruling,” spokesman Bryan Corbin said. “The State is reviewing the Court's opinion carefully as we weigh the decision of whether to seek transfer to the Indiana Supreme Court."

 





 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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