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Monday, February 26, 2007

Ind. Courts - Expungement - one more thing

A reader writes this morning to remind the ILB of its entry from Jan. 11th, titled "High court panel rejects local prosecutor’s bid to clear record", which includes a link to the Jan. 5, 2007 Supreme Court order and a quote from a story in the Fort Wayne Journal Gazette , including:

The Indiana Supreme Court Disciplinary Commission denied a local deputy prosecutor’s request Friday to expunge a more than 20-year-old private reprimand.

Jack E. Roebel, a local civil law attorney and Allen County deputy prosecutor, filed a petition with the court in October asking judges to remove the 1985 disciplinary action because of his good record since then and because it prohibits him from ever being a candidate for Allen Superior Court judge. * * *

In the opinion issued Friday, Chief Justice Randall T. Shepard of the Indiana Supreme Court wrote despite Roebel’s “exemplary” conduct since his reprimand, the court has no procedures to expunge a lawyer’s record of professional misconduct. Further, he wrote that Roebel’s petition was essentially a request for judicial relief from the statutory restrictions imposed by the legislature on candidates for judge in the Allen Superior Court.

“Since this is a legislatively imposed restriction, we feel constrained by the General Assembly’s directive,” he wrote. “This court now finds that the … petition to expunge (his) private reprimand is hereby denied.”

Posted by Marcia Oddi on February 26, 2007 10:21 AM
Posted to Indiana Courts