State of Indiana v. David Lott Hardy - 3/31/14

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Monday  March 31, 2014 
10:00 AM  EST

10 a.m. 49A02-1309-CR-756. The State appeals the trial court’s dismissal of its four charges of Class D felony official misconduct against David Lott Hardy (“Hardy”), the former Chairman of the Indiana Utility Regulatory Commission.  The bases for the charges were four of Hardy’s actions between 2008 and 2010 that allegedly violated Indiana law, including a violation of Indiana ethics laws, a civil law infraction, and two violations of administrative regulations.  Under a previous version of Indiana’s official misconduct statute, Ind. Code § 35-44-1-2 (2010), the State could charge a public servant with official misconduct for “knowingly or intentionally perform[ing] an act that the public servant [was] forbidden by law to perform.”  Historically, the phrase “forbidden by law” included administrative and civil violations such as the ones for which the State charged Hardy.  However, in 2011, the Indiana Legislature amended I.C. § 35-44-1-2 so that a public servant could only be charged for “an offense” committed “in the performance of the public servant’s official duties.”  Pursuant to I.C. § 35-31.5-2-215 and I.C. § 35-31.5-2-75, the term “offense” only encompasses felonies or misdemeanors.  The trial court dismissed the charges against Hardy because it determined that this amendment was remedial in nature and applied to Hardy retroactively, even though his alleged violations occurred before the amendment.  On appeal, the State disputes the trial court’s interpretation of the amendment as remedial and its dismissal of the State’s charges based on a retroactive application of the amendment.

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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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