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Tuesday, October 20, 2015

Ind. Courts - "Floyd County prosecutor appears in court for disciplinary hearing"

Updating this ILB post from yesterday, Elizabeth DePompei of the New Albany News & Tribune reports today:

NEW ALBANY — Floyd County Prosecutor Keith Henderson took the witness stand Monday during a disciplinary hearing regarding allegations that he violated rules of ethics during the David Camm trials. * * *

Monday was the first of three disciplinary hearings addressing the allegations. Attorney David Pippen is the presiding hearing officer.

"I waited almost five years to have this take place," Henderson said after the hearing. "So I'm excited that we're underway and we're going to get this concluded this week."

If Pippen affirms the allegations, Henderson could be sanctioned to private or public reprimand; suspension from practice for a set period of time; suspension from practice with reinstatement only after proving fitness; or permanent disbarment, according to an earlier News and Tribune report.

Henderson said during the hearing that he sought advice from the Indiana Prosecuting Attorneys Council's ethics committee as to whether he was ethically required to remove himself from the Camm case. At the time, Henderson served as chairman of the ethics committee, but Henderson said he was not part of the deliberations to determine his ethical obligations in the Camm case. The committee advised there was no conflict and that Henderson did not need to remove himself.

"I felt then [and] I feel now that it was a trial tactic to get me off [the case]," Henderson said of the request for an ethical investigation. "Kudos to them. They were successful ... " Special prosecutor Stan Levco tried Camm's third trial.

Also in question is how Henderson used county tax dollars to fund his own legal representation. Henderson hired attorneys to respond to Camm's request for a special prosecutor and to advise in the ethical investigation into his conduct. The disciplinary commission, represented by attorney David Hughes, argued that using county money for Henderson's representation in the ethical investigation, was a violation of the Indiana Code of Professional Conduct. Henderson's attorney, Donald Lundberg, argued that the ethical investigation was directly related to the Camm case and therefore an appropriate county expenditure.

There is much more in the long story. It concludes:
The hearing is continuing Tuesday, beginning at 9:30 a.m. at the Indiana Supreme Court in Indianapolis.

Posted by Marcia Oddi on October 20, 2015 10:53 AM
Posted to Indiana Courts