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Prosecutor denies alleged misconduct

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Indiana Lawyer Rehearing

Marion County Prosecutor Carl Brizzi denies that he violated any professional conduct rules in his handling of two high-profile murder cases, specifically in his written or spoken statements made when describing the crimes to the public.

On Jan. 11, just three days before the elected prosecutor announced he won’t seek a third term, Brizzi filed an answer to disciplinary charges lodged against him late last year by the Indiana Supreme Court’s Disciplinary Commission.

In its formal complaint against Brizzi filed Oct. 1, the commission alleges that public comments the prosecutor made about two murder cases crossed the line and violated the attorney conduct rules. Brizzi’s statements went beyond the public information purpose and prejudiced the pair of cases, according to the complaint, and amounted to violations of Indiana Professional Conduct Rules 3.8(f) and Rule 3.6(a).

"The above public statements of the Respondent ... were not necessary to inform the public of the nature and extent of the prosecutor's action and did not serve a legitimate law enforcement purpose, and the same were extrajudicial comments that had a substantial likelihood of heightening public condemnation..." the complaint said.

Responding to the complaint, Brizzi admitted the general information about the underlying cases the statements were made about, but declined to admit or deny the specific claims cited in the complaint because the documents they were reportedly taken from were not included as part of the verified complaint.

In the seven-page answer, Brizzi's attorney Kevin McGoff of Bingham McHale in Indianapolis offered one legal defense for his client: "A lawyer is permitted to make an extrajudicial statement, as contemplated by Ind. Prof. Cond.R. 3.6(b), including but not limited to: (2) information contained in a public record and; (3) an investigation is in progress."

The Disciplinary Commission is now able to file a response to Brizzi's answer, and once that happens the Indiana Supreme Court can appoint a hearing officer to examine the evidence. Justices have final say over attorney disciplinary issues, and if it finds any misconduct the penalties could range from a private reprimand to a suspension or disbarment.

Admitted to practice in 1994, Brizzi was first elected prosecutor in 2002 and was reelected in 2006. This is the first time Brizzi has faced any professional misconduct charges, according to his office. But whatever happens with this disciplinary action, it won't impact whether he remains prosecutor of the state's largest county past 2010 - Brizzi announced Jan. 14 he wouldn't seek a third term in November's election. He hasn't announced what his plans are for the future.

Original story "Misconduct charges lodged against prosecutor" IL Oct. 14-27, 2009

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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