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Deputy prosecutor receives public reprimand

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A Hancock County deputy prosecutor has received a public reprimand from the Indiana Supreme Court for surrendering prosecutorial discretion and allowing a corporate check fraud victim to dictate the terms of restitution as a pre-condition to a plea agreement.

The court ruled Thursday in the disciplinary action, In the Matter of Nancy J. Flatt-Moore, No. 30S00-0911-DI-535, out of Hancock County. Nancy J. Flatt-Moore was hired in 2007 as a deputy prosecutor and assigned to prosecute a check fraud case, utilizing a newly elected prosecutor’s policy of getting police and victim approval on felony plea agreements. But the policy didn’t allow victims to set the terms of conditions, as happened here.

Flatt-Moore offered a plea agreement allowing the defendant to plead guilty to the Class D felony check fraud charge but receive a Class A misdemeanor sentence, on the condition that the attorney agree to whatever terms and amounts the company Big Rivers was demanding,

The court found she violated Rule 8.4(d) prohibiting attorneys from engaging in conduct prejudicial to the administration of justice by permitting the company to use the criminal case as leverage in a separate civil suit against the same person.

“This is not to suggest that prosecutors may not allow crime victims to have substantial and meaningful input into plea agreements offered to the offenders at whose hands they suffered,” the court decision says. “If a prosecutor puts the conditions for resolving similar crimes entirely in the hands of the victims, defendants whose victims are unreasonable or vindictive cannot receive the same consideration as defendants whose victims are reasonable in their demands. At the very least, such a practice gives the appearance that resolution of criminal charges could turn on the whims of victims rather than the equities of each case.”

Justices disagreed with Flatt-Moore’s argument that disciplining a deputy prosecutor based on the acts of prosecutorial discretion violates separation of powers. The court cited its own precedent to find attorneys must follow the professional conduct rules in handling plea bargaining and other acts involving prosecutorial discretion.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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