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. Yes sir keep cashing those 300K a year checks direct to IMS, while millions disappear from the teams like Rahal's. Guess there wasn't enough ka- ching going around to keep Sarah Fisher in business without their "merger". LOL._____.Meanwhile back in Realville the series with the "best racing in the world" drew what appeared to be about 5000 live spectators ( and probably 1500 of those Target "freebies", and was beaten in the ratings by a series that reportedly consists of "parades" and aired while most people are still sleeping. That will generate those big ka-chings for sure. :-). But, hey, as long as the Speedway gets the cash who gives a damn about the teams?

  2. Welcome to PETERSON LOAN AGENCY Company (A Personalized Service for All Your Financial Needs) We, Liberal Investment Company Providers offers loan at a very low interest rate of 2%, we offer Personal loans, Debt Consolidation Loan, Venture Capital, Business Loan, Educational Loan, Home Loan, and Loan for any reason and urgent needs!. with a maximum duration of 30 years. Have you been turned down by your bank? Do you have bad credit? Do you have unpaid bills? Are you in debt? Do you need to set up a business? Worry no more as we are here to offer you a low interest loan. Our loan ranges from $5,000-USD (Five Thousand US dollars) to $50, 000,000.00.(Fifty Million US dollars). We also lend in USA DOLLARS EURO and POUNDS ! Fill in this form and forward it to our email: PETERSONLOANAGENCY@GMAIL.COM 1. Your Full names:_______ 2. Contact address:_______ 3. Country Of Residence:______ 4. Loan Amount Required:________ 5. Duration:_____ 6. Gender:_____ 7. Occupation:________ 8. Monthly Income:_______ 9. Date Of Birth:________ 10.Telephone Number:________ 11. Purpose of loan:_________ Yours In Service, MR PERRY, PETERSONLOANAGENCY@GMAIL.COM

  3. If I could actually get the prices...I would do this on my own. We need laws that force provides to publish the costs they will charge. Everyone else gives you the price in advance...except hospitals.

  4. I was under the impression that fencing is not allowed on a front yard and that on a corner, both sides are considered "front" yards, therefore can't be fenced without a variance. Also impedes the visibility for drivers at the intersection. Am I understanding this correctly? Might be why a fence was not included in the plans and a request for a variance will have to be made?.

  5. I was a big fan of Cowards and Carrots, which I got a chance to see at the show. It's currently on Kickstarter, but the designer also put out What's He Building in There last year, which got a fair amount of buzz.

ADVERTISEMENT