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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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