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Trial court's suppression order binding to ethics commission

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After turning to the Indiana State Ethics Commission when a trial court ordered the evidence in a theft case suppressed, the state was reminded it “does not get a second bite at the apple.”   

The Indiana Court of Appeals affirmed a trial court’s reversal of the ethics commission’s ruling in Indiana State Ethics Commission, an agency of the State of Indiana, Office of Inspector General, an agency of the State of Indiana, and David Thomas, in his official capacity as Inspector General v. Patricia Sanchez, 49A02-1301-PL-12.
 
The state of Indiana, through the Marion County Prosecutor’s Office, filed felony theft charges against Patricia Sanchez for keeping state property after she was dismissed from the Indiana Department of Workforce Development. Officials had found the missing items in her home and car.

However, the trial court granted Sanchez’s motion to suppress the evidence on the grounds the search warrant was obtained and executed based on stale information.

The state did not appeal the suppression order, and the prosecutor dismissed the charges.

Then the state, through the Office of the Inspector General, filed a complaint with the ethics commission. It did not tell the commission about the suppression order.

Again, Sanchez filed a motion to suppress the evidence, but the commission denied it. The commission then found Sanchez had violated the Indiana Administrative Code’s prohibition against the personal use of state property, and it barred her from future employment with the state.

Sanchez filed a petition for judicial review in the trial court. The court reversed the commission, concluding the suppression order constituted a binding decision on the question of probable cause and that the ethics commission had no discretion to ignore that order.

On appeal, the state argued the ethics commission had exclusive jurisdiction to determine whether probable cause existed to proceed to a public hearing on the complaint.

“We are not persuaded that the Ethics Commission is in a better position – let alone an exclusive one – than Indiana’s trial courts to determine probable cause,” Judge Edward Najam wrote. “But, even if it were, an agency’s special expertise does not allow it to ignore its privy’s prior, adequate representation of the same issue before a competent tribunal.”

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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