ILNews

Dropped charges against former IURC chief won’t be appealed

Back to TopCommentsE-mailPrintBookmark and Share

The state no longer is contesting the dismissal of official misconduct charges against former Indiana Utility Regulatory Commission Chairman David Lott Hardy.

Hardy’s attorney, David Hensel of Pence Hensel LLC, said time for the state to seek further review of court rulings dismissing the charges had expired, leaving to stand an April 29 Court of Appeals ruling.

Former Gov. Mitch Daniels fired Hardy after he was accused of allowing then-IURC administrative law judge Scott Storms to continue to hear Duke Energy cases even as Storms was trying to land a job with the utility. Hardy also was accused of having ex parte communications with Duke about its Edwardsport coal-gasification power plant project in 2010.

Hardy was indicted on Class D felony official misconduct charges by a Marion County grand jury in 2010, but Marion Superior Judge William Nelson later dismissed the charges. The state appealed the ruling.

The Court of Appeals affirmed dismissal of the charges. The appellate panel ruled that precedent and caselaw establish the official misconduct statute may not be applied without an underlying criminal offense, and there were none in Hardy’s case.

Hensel said the arguments that prevailed at the trial and appellate courts were the same that failed to dissuade Marion County Prosecutor Terry Curry from filing charges.
 
“Mr. Hardy is gratified that the Court of Appeals unanimously confirmed that he did not engage in any criminal conduct and upheld the dismissal of all charges against him,” Hensel said in a statement.

Bryan Corbin, spokesman for the Indiana attorney general’s office, said that because the Legislature amended the statute after charges against Hardy were dropped, any appeal would have applied only in his case.

 “After carefully reviewing the Indiana Court of Appeals’ April 29 decision that upheld dismissal of charges … and after consulting with the Marion County prosecutor, the Indiana attorney general’s office determined that an appeal to the Indiana Supreme Court is likely unwinnable even if the Court accepted the case for hearing, so it would not be appropriate to request transfer here,” Corbin said.



 

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. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT