IBJNews

Ogden receives 30-day suspension for criticizing judge

Back to TopCommentsE-mailPrintBookmark and Share

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 state 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.

ADVERTISEMENT

  • What Justice?
    This is why citizenry have little to no faith in our judicial system. Indiana Supreme Court just rubber stamped actions by a Judge who's running a "Kangaroo Court" Five years is far too long for estate case to be open and dragging on. Finally when he received word that he was being criticized for his inaction he jumps in to quash his antagonizer, then uses his power as a judge to go after Ogdon, If judge Coleman can't take criticism why is he a sitting judge.
  • What about lying?
    Freedom of speech is one thing, but this states that Odgen made false statements. This should not be tolerated when there is a manner in which to remedy it - thus a slap on the hand via the 30 days suspension.
  • Appalled by Actions of the State
    I am a former state employee and am just appalled by the actions of the Supreme Court Disciplinary Commission in this matter. Clearly, this is/was a personal vendetta against Paul Ogden that got out of control. I hope the adults in charge of the Supreme Court will take a hard look at this matter and take action against the exec director of the commission and others who wasted valuable resources, time and effort in this silly matter. This is not state government or the Supreme Court's finest hour.
  • win for ogden, good for supremes
    Considering the prosecuting side wanted to suspend him for a year if I recall correctly, this is a big win for Ogden. And rightfully so. Lawyers shouldn't automatically have lost their right to free speech opinions just because we have a license. It's totally unfair and you can see how easily the disciplinary process can be used to try and silence critics. The right to criticize public officials is at the heart of the First amendment. With all the disgusting obscenity today parading around on the internet "freely" at the same time, the suggestion that a lawyer can't criticize a judge makes a mockery of the notion of "rights"

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. So much for Eric Holder's conversation about race. If white people have got something to say, they get sued over it. Bottom line: white people have un-freer speech than others as a consequence of the misnamed "Civil rights laws."

  2. I agree, having seen three shows, that I was less than wowed. Disappointing!!

  3. Start drilling, start fracking, and start using our own energy. Other states have enriched their citizens and nearly elminated unemployment by using these resources that are on private land. If you are against the 'low prices' of discount stores, the best way to allow shoppers more choice is to empower them with better earnings. NOT through manipulated gov mandated min wage hikes, but better jobs and higher competitive pay. This would be direct result of using our own energy resources, yet Obama knows that Americans who arent dependent of gov welfare are much less likely to vote Dem, so he looks for ways to ensure America's decline and keep its citizens dependent of gov.

  4. Say It Loud, I'm Black and Ashamed: It's too bad that with certain "black" entertainment events, it seems violence and thuggery follows and the collateral damage that it leaves behinds continues to be a strain on the city in terms of people getting hurt, killed or becoming victims of crimes and/or stretching city resources. I remember shopping in the Meadows area years ago until violence and crime ended make most of the business pack you and leave as did with Lafayette Square and Washington Square. Over the past 10 to 12 years, I remember going to the Indiana Black Expo Soul Picnic in Washington Park. Violence, gang fights and homicides ended that. My great grandmother still bears the scares on her leg from when she was trampled by a group of thugs running from gun fire from a rival gang. With hundreds of police offices downtown still multiple shootings, people getting shot downtown during Black Expo. A number of people getting shots or murdered at black clubs around the city like Club Six on the west side, The Industry downtown, Jamal Tinsley's shot out in front of the Conrad, multiple fights and shootings at the skating rinks, shootings at Circle Center Mall and shooting and robberies and car jackings at Lafayette Mall. Shootings and gang violence and the State Fair. I can go on and on and on. Now Broad Ripple. (Shaking head side to side) Say It Loud, I'm Black and I'm Ashamed.

  5. Ballard Administration. Too funny. This is the least fiscally responsive administration I have ever seen. One thing this article failed to mention, is that the Hoosier State line delivers rail cars to the Amtrak Beech Grove maintenance facility for refurbishment. That's an economic development issue. And the jobs there are high-paying. That alone is worth the City's investment.

ADVERTISEMENT