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Wednesday, October 06, 2010

Ind. Courts - "Newton County prosecutor reprimanded for lapsed license"

The Sept. 30, 2010 Supreme Court disciplinary ruling, In the Matter of James E. Barce, is the subject of a brief story today by Sophia Voravong in the Lafayette Journal Courier. The ILB summarized the ruling in this entry (last case), and linked to a long list of earlier entries. Here are some quotes from today's story:

The 3-2 ruling, written by Supreme Court Justice Brent E. Dickson, largely echoed the recommendation and findings of hearing officer Thomas Busch, who determined that Barce's misconduct was not intentional and caused few ramifications.

Busch, the judge of Tippecanoe Superior Court 2, was appointed by the Supreme Court to preside over Barce's proceedings. A public hearing was held in Lafayette on April 9.

The Supreme Court had final say on what type of discipline Barce received.

Barce also was ordered Tuesday to pay back registration fees. That amount is not outlined in Dickson's two-page decision.

Currently, inactive attorneys in Indiana pay $65 for annual registration fees, or half of the cost for active attorneys. * * *

A public reprimand is one of the lower types of punishment an Indiana attorney can receive for misconduct. Other options include private reprimand, suspension and disbarment. * * *

A three-term elected prosecutor, Barce submitted affidavits indicating inactive status in 2005, 2006, 2007 and 2008.

He testified during the April 9 hearing in Lafayette to not understanding what he filled out. Busch also noted that the paperwork was confusing in his recommendation to the Supreme Court.

This is Barce's last year in his third term as prosecutor. He lost in the May Republican primary.

ILB: From the opinion:
The costs of this proceeding are assessed against Respondent. Those costs shall include the difference between the reduced fees Respondent paid and the active status fees for the years he was on inactive status.
If I remember the annual registration form correctly, "active status fees" increase appreciably if you miss the deadline ... It is not clear whether that penalty applies here. In addition, the opinion says nothing about making up CLE credits.

Posted by Marcia Oddi on October 6, 2010 08:22 AM
Posted to Ind. Sup.Ct. Decisions