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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. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

        2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

        3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

        4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

        5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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