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Ogden receives 30-day suspension for criticizing judge

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Indianapolis attorney and blogger Paul Ogden has been suspended for 30 days by the Indiana Supreme Court based on comments he made regarding a judge who presided over an estate case involving Ogden’s client.

The Indiana Supreme Court Disciplinary Commission brought two counts against Ogden in March 2013. Count I stems from comments he made regarding Hendricks Superior Judge David H. Coleman, who was appointed special judge in an unsupervised estate case. Ogden successfully had Coleman replaced on the case. In 2010, Ogden made several “highly critical” comments about Coleman in correspondences.

The comment that resulted in Ogden being disciplined alleged that the judge committed malfeasance in the initial stages of the administration of the estate by allowing it to be opened as an unsupervised estate, by appointing a personal representative with a conflict of interest, and by not requiring the posting of bond, the disciplinary order states.

“Respondent’s repeated and virulent accusations that Judge Coleman committed malfeasance in the initial stages of the administration of the Estate were not just false; they were impossible because Judge Coleman was not even presiding over the Estate at this time—a fact Respondent could easily have determined. Because Respondent lacked any objectively reasonable basis for (these) statements, we conclude that Respondent made these statements in reckless disregard of their truth or falsity, thus violating Rule 8.2(a),” the justices unanimously held in an order handed down Monday.

The commission did not meet its burden of proof regarding the other comments Ogden made regarding Coleman, the justices found, leading the court to find Ogden’s criticisms of Coleman’s rulings fall within his broad First Amendment rights. And although another allegation of a conflict of interest turned out to be false, it was based upon Ogden’s client’s reports to him. The justices found Ogden’s allegation that Coleman was unqualified as a judge and that he engaged in judicial misconduct in presiding over the estate were “more in the nature of opinions as opposed to statements of fact.”

Count II deals with letters Ogden sent to the Marion Superior Court, Civil Division, the Marion County Prosecutor’s Office, the Indiana attorney general and the Marion County public safety director, asking that they ensure the law regarding forfeiture is followed and enforced. At the time the letters were sent, Ogden was not representing any party in pending forfeiture cases.

The justices concluded that the Disciplinary Commission did not present clear and convincing evidence that the letters Ogden sent were prejudicial to the administration of justice.

They also noted that Ogden has been “obstreperous rather than cooperative” during the course of this disciplinary proceeding.

His suspension begins Aug. 5 and he will be automatically reinstated. Ogden is to pay one-half of the costs and expenses of this proceeding, along with a $250 fee.
 

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  • Spot on
    Spot on, Mr. Hofer. Had Paul not resisted we would not have this fine re-statement of Dixon and he would be out of the practice for one year. I think the High Court might have meant to award only half of the copying costs to the State, not half of their attorneys fees. If the latter, then many of the solo practitioners targeted cannot, like Paul, like most targetted, cannot afford to resist the Will of the State.
  • obstreperous?
    The Court said Ogden was “obstreperous rather than cooperative". I think they got their parties mixed up. They ruled Ogden correct on 80% of the issues. The final issue would never have resulted in the loss of a law license like the Disciplinary Commission wanted. Why should you be cooperative when the government is trying to take away your livelihood for speech that is protected by the First Amendment? It's not a fair result when you are assessed $10k in prosecution charges when the prosecution stuck to an unreasonable position the entire litigation and lost most of the lawsuit. Ogden has done a great public service in pointing out that major changes need to be made at the Supreme Court Disciplinary Commission.
    • Poll Idea
      Hey Indiana Attorney .... how about conducting a poll on whether it is just for Ogden to pay $10000 to the disciplinary office for giving him due process of law? Choices could be "very unfair" "possibly unfair" "uncertain" "resistance is futile" and the anciently popular, "worship the state."
    • Sad, sad, pathetic
      Advance Indiana is reporting on a chilling wind that should advise every attonrey in Indiana to not disagree with any government attorneys. to simply be unthinking, uncaring automatons like the powerful and connected want: " UPDATE II: The Disciplinary Commission billed Ogden $10,300 for his share of the expenses for their failed efforts to bar him from the practice of law in Indiana."
    • Gary on Paul
      Advance Indiana is the place to go for more on this story ... Welch writes "Attorneys in Indiana should be very thankful to Ogden for standing his ground and fighting for a fundamental right all attorneys should hold as sacred. He has suffered severe and undue hardship as a result of this entire ordeal. This decision, in my opinion, exonerates him for the most part, notwithstanding the additional hardship of a 30-day suspension he must incur. This was certainly not the outcome desired by the disciplinary commission or the hearing officer." And he quotes Paul at this post as well: http://advanceindiana.blogspot.com/2014/06/indiana-supreme-court-suspends-ogden.html
    • here
      Here it the clip, for our younger readers .... https://www.youtube.com/watch?v=oPr7cYLq3dk The Travelor has come ... hmmm, I think friends should hire Ogden to write some policy pieces in August.
      • Justice is done
        This certainly appears to be a just result, and yet another clear sign of a seismic and very welcome sea change in how the Ind Supreme Court approaches these issues. Who woulda thunk it just a few short years ago, but Indiana attorneys really do have first amendment rights. Perhaps the revolution can now be postponed. AND ... this line reminded me of the Marshmallow man scene from Ghost Busters ... "Respondent has suggested that any misconduct the Court finds should warrant no more than a 30-day suspension with automatic reinstatement. See Brief on Sanctions at 19. We impose discipline accordingly"

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        1. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

        2. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

        3. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

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