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Judges to hear misconduct case against former IURC chairman Monday

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A panel of the Indiana Court of Appeals Monday will hear arguments on whether four misconduct charges should have been dismissed against former Indiana Utility Regulatory Commission chairman David Lott Hardy.

Hardy was indicted by a Marion County grand jury in 2011 on four counts of Class D felony official misconduct. He was accused of lobbying Duke Energy to hire then IURC administrative law judge Scott Storms, and of having ex parte communications with the power company about the Edwardsport plant in 2010. The bases for the charges were four of Hardy’s actions between 2008 and 2010 that allegedly violated Indiana law, including a violation of Indiana ethics laws, a civil law infraction and two violations of administrative regulations.

In August, Marion County Superior Judge William Nelson granted Hardy’s motion to dismiss all charges. Nelson held the Indiana General Assembly’s changes to the criminal official misconduct statute, I.C., 35-44-1-2, which became effective July 1, 2012, were meant to be retroactive.

Following recommendations of the Indiana inspector general, the Indiana General Assembly tightened the criminal official misconduct statute. The changes clarified that the law applied to specific criminal offenses by public officials committed in the performance of the public servant’s official duties, and did not apply to violations of ethical or administrative rules or infractions. An “offense” only encompasses felonies or misdemeanors.

The trial court dismissed the charges against Hardy because it determined that this amendment was remedial in nature and applied to Hardy retroactively, even though his alleged violations occurred before the amendment.

The state appealed, with Indiana Attorney General Greg Zoeller asserting that if the General Assembly intended to make a 2012 change in the law retroactive, it would have written that language into the statute which it did not do.

The scheduled panel members are Judges Paul D. Mathias, Cale J. Bradford and Rudolph R. Pyle III.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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