ILNews

Ex-IURC leader’s criminal charges dropped

Back to TopCommentsE-mailPrintBookmark and Share

The former chairman of the Indiana Utility Regulatory Commission won’t face trial on felony charges stemming from an ethics scandal at the agency, a judge ruled Monday.

Marion Superior Judge William Nelson ordered official misconduct charges dismissed against former IURC Director David Lott Hardy, who was fired by then-Gov. Mitch Daniels when allegations surfaced.

Hardy was accused of allowing former IURC administrative law judge and general counsel Scott Storms to work on a number of Duke Energy cases pending before the commission at the same time Storms was trying to land a job with Duke.

Hardy in 2011 was indicted by a Marion County grand jury. Hardy also was accused of improper ex parte communications with Duke employees in 2008 and 2010 regarding cost overruns at the on Duke Edwardsport coal gasification plant.

Nelson wrote that the official misconduct statute under which Hardy had been charged, I.C. 35-44-1-2, was amended by the Legislature in 2012 to clarify that it applies to a public servant who “knowingly or intentionally commits an offense” in the performance of duties.

Nelson noted in the order that “the quick action of the Indiana Legislature in responding to Inspector General (David) Thomas’s request to clarify the application of the Official Misconduct is indicative of the legislative intent to apply the amendment retroactively.”

Peg McLeish, spokeswoman for Marion County Prosectuor Terry Curry, said the office had “received the order and will be reviewing any possible action we might take,” which could include appealing Nelson’s order.

Hardy’s attorney David Hensel, of Pence Hensel LLC, said after the ruling, “It was clearly the right decision.

“What (Hardy) did was not a crime,” Hensel said. “If we’d gone to trial, we would have proved that even what he was alleged to have done didn’t happen the way the state alleges it did.”


 

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. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

ADVERTISEMENT