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Friday, January 13, 2017

Ind. Decisions - Supreme Court issued disciplinary opinion re Keith Henderson

Updating a long list of earlier ILB posts re Floyd County Prosecutor Keith Henderson, including this one from Oct. 6, 2016, headed "Floyd County prosecutor Keith Henderson should be significantly disciplined, not simply reprimanded, Disciplinary Commission recommends," the Supreme Court has issued a 4-0 opinion today, imposing a public reprimand. Chief Justice Rush concludes:

We decline to disturb the hearing officer’s decision to allow the Commission to amend Count 1 in advance of the final hearing. Upon careful review of the materials before us, we find sufficient support for the hearing officer’s findings and conclusions with respect to each of the charged rule violations. Accordingly, we find Respondent violated Professional Conduct Rules 1.7(a)(2), 1.8(d), and 8.4(d) with respect to Count 1, and we find in favor of Respondent on Count 2.

Discipline: The hearing officer recommended that Respondent receive a public reprimand. The Commission argues he should be suspended. The violation is serious and adversely affected the administration of justice in this case. However, noting Respondent’s misconduct occurred in connection with a single, unusual case and is an aberration from what otherwise has been a long and distinguished career as a public servant, we conclude a suspension is not warranted in this case. Thus, for Respondent’s professional misconduct, the Court imposes a public reprimand.

The costs of this proceeding are assessed against Respondent. The hearing officer appointed in this case is discharged.

Posted by Marcia Oddi on January 13, 2017 04:48 PM
Posted to Ind. Sup.Ct. Decisions