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Reprimand issued for ALJ in IURC-Duke scandal

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A former administrative law judge with the Indiana Utility Regulatory Commission has been reprimanded by the Indiana Supreme Court, which ruled this week that a harsher sanction was unwarranted because he’d already been punished enough for seeking a job with Duke Energy while making rulings concerning the utility.

The reprimand for Scott Storms is appropriate, justices wrote, because the Indiana Ethics Commission fined him $12,000 and barred him from future state employment. Storms “has already suffered considerable penalties for his misconduct,” justices wrote in the disciplinary case In the Matter of Scott Storms, 49S00-1311-DI-747.

Duke hired Storms then fired him when accusations of ethical breaches arose. Ethics complaints clouded IURC decisions after the allegations came to light and resulted in criminal charges against former IURC director Thomas Lott Hardy. Former Gov. Mitch Daniels fired Hardy after the revelations.

Hardy was charged with a Class D felony count of official misconduct that was dismissed last year, but the state has sought to appeal that decision. Hardy was accused of lobbying Duke to hire Storms and having an ex parte communication with the company about its Edwardsport power plant in 2010.

The Indiana Court of Appeals upheld later IURC rulings against Duke that were issued when rate matters were revisited after the alleged improprieties came to light.

Justices ruled Storms violated Profession Rule of Conduct 1.11(d), which generally prohibits a lawyer serving as a public employee from negotiating for private employment with anyone “involved as a party or as lawyer for a party in a matter in which the lawyer is participating.”

In the unanimous order, Chief Justice Brent Dickson wrote for the court that discipline might have been more severe had the Disciplinary Commission not agreed to the reprimand.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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