ILNews

Disciplinary Commission asked to investigate its new leader

Back to TopCommentsE-mailPrintBookmark and Share

A Dearborn County commissioner is accusing the county attorney of wrongly accusing two officials of violating federal law and wants the Indiana Supreme Court Disciplinary Commission to launch an investigation of its soon-to-be leader who starts in that office in mid-June.

Acting as county attorney, former Dearborn Superior Judge G. Michael Witte on May 17 wrote a two-page letter to an attorney in the Hatch Act Unit of the U.S. Office of Special Counsel in Washington, D.C., asking that office to investigate possible county violations of the federal law. The 1939-enacted law is designed to prevent conflicts of interest in government and restricts political activity of some federal, state, and local employees who work in connection with federally funded programs.

The issue has surfaced recently throughout the state, most notably in the case of the Terre Haute mayoral election where the Indiana Supreme Court last year upheld a Vigo Circuit judge’s decision that the state statute relating to the Hatch Act and Little Hatch Act didn’t prevent the mayoral election winner from initially being a candidate or subsequently taking office after he’d defeated the incumbent mayor.

After an internal review in Dearborn County, Witte wrote that he believes the county is out of compliance with Hatch Act provisions on four grants totaling $327,112. At issue are two county employees: county commissioner candidate Shane McHenry, who is one of three sheriff’s detectives working in the county Special Crimes Unit that receives three grants; and county councilman Bryan Messmore, who works in the victims’ services area of the prosecutor’s office that receives a federal grant that pays for his salary and benefits.

Those dual roles of each individual could be Hatch Act violations and could result in the county losing federal grants or being fined. He wants the Washington, D.C., office to review the matter because it’s outside the county authority, Witte wrote. He brought the issue up during county meetings on May 17 and earlier this week. McHenry has responded that he hasn’t violated the Hatch Act and says he’ll remain a candidate for the commission.

Another commissioner, Jeffrey Hughes, has publicly said he’s “deeply troubled” by Witte’s handling of the situation and said those actions may be something for the Disciplinary Commission to review. Hughes has requested an investigation by that body.

“I am bringing this issue forward because of my concern and the concerns expressed by the citizens of Dearborn County regarding our attorney’s conduct,” Hughes wrote in a statement.

Earlier this month, the Indiana Supreme Court named Witte as the Disciplinary Commission’s executive secretary, and he starts that job in Indianapolis on June 21.

Witte said today he wasn’t aware of any Disciplinary Commission complaint filed against him and that he didn’t know that any county officials had taken an issue with his work as county attorney on this topic. He declined to comment outside of what his May 17 letter states, saying that he wants to review the statements, the issues at hand, and determine what he can say publicly without infringing on attorney-client privilege or professional conduct rules.

Interim Executive Secretary Seth Pruden is unable to speak on the issue because possible investigations are confidential unless a verified complaint is filed. But he spoke about the procedural issues that would be in play if a complaint is lodged against someone directly involved with the Disciplinary Commission. If someone accuses a commission member, executive secretary, or staff attorney of possible misconduct, the matter is referred to the Supreme Court’s Division of State Court Administration for another staff attorney to act as investigator on these complaints. That is “very rare” but it has happened periodically through the years, and Pruden doesn’t recall it ever reaching the verified complaint stage in his 15 years with the office.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  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.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT