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Dropped charges against former IURC chief won’t be appealed

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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.



 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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