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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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