Comments on Advance Indiana™: Star Reports On Disciplinary Commission's Complaint Against Ogden For Criticizing Judge In Private E-Mail

Were I am Indiana licensed attorney, I would nomin...

2013-07-31T10:03:04.035-05:00

Were I am Indiana licensed attorney, I would nominate either Ogdon or the host at this site for this award ..... since both do more to serve justice in this state than the well dressed elitists playing inside baseball with the justice system in Indianapolis.

Here: http://www.theindianalawyer.com/lucas-send-us-your-2014-leadership-in-law-award-nominations/PARAMS/article/32022

This case illustrates to me the serious consequen...

2013-07-31T09:53:12.884-05:00

This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that Anastaplo has many of the qualities that are needed in the American Bar. 11 It shows, not only that Anastaplo has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost. It is such men as these who have most greatly honored the profession of the law—men like Malsherbes, who, at the cost of his own life and the lives of his family, sprang unafraid to the defense of Louis XVI against the fanatical leaders of the Revolutionary government of France 12 —men like Charles Evans Hughes, Sr., later Mr. Chief Justice Hughes, who stood up for the constitutional rights of socialists to be socialists and public officials despite the threats and clamorous protests of self-proclaimed superpatriots 13 —men like Charles Evans Hughes, Jr., and John W. Davis, who, while against everything for which the Communists stood, strongly advised the Congress in 1948 that it would be unconstitutional to pass the law then proposed to outlaw the Communist Party 14 —men like Lord Erskine, James Otis, Clarence Darrow, and the multitude of others who have dared to speak in defense of causes and clients without regard to personal danger to themselves. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it. But that is the present trend, not only in the legal profession but in almost every walk of life. Too many men are being driven to become government-fearing and time-serving because the Government is being permitted to strike out at those who are fearless enough to think as they please and say what they think. 15 This trend must be halted if we are to keep faith with the Founders of our Nation and pass on to future generations of Americans the great heritage of freedom which they sacrificed so much to leave to us. The choice is clear to me. If we are to pass on that great heritage of freedom, we must return to the original language of the Bill of Rights. We must not be afraid to be free. 366 U.S. 82 (81 S.Ct. 978, 6 L.Ed.2d 135) In re George ANASTAPLO, Petitioner. Mr. Justice BLACK, with whom THE CHIEF JUSTICE, Mr. Justice DOUGLAS and Mr. Justice BRENNAN concur, dissenting.

I just a minor quibble about your comment about Mo...

2013-07-31T08:32:10.130-05:00

I just a minor quibble about your comment about Modisett. He didn't leave the state after losing. He never lost. Instead, he left before his term was up.

Steve, I think Modisett works for some big firm ou...

2013-07-31T07:37:54.789-05:00

Steve, I think Modisett works for some big firm out in San Francisco now. He couldn't get out of Indiana fast enough after he lost his last political race.

If you're a member of the ruling elite in this...

2013-07-31T07:37:04.165-05:00

If you're a member of the ruling elite in this state, Paul, you can do as you please. The laws and rules that supposedly govern all of us are apparently only enacted to keep the serfs in line.

Where is Modisett these days. He was always on his...

2013-07-31T05:41:05.919-05:00

Where is Modisett these days. He was always on his way somewhere. Couldn't look anyone in the eye when he talked to him. A perfect Evan Bayh clone.

Gary, I have another one. Indiana Governor Mitch ...

2013-07-30T23:03:31.352-05:00

Gary, I have another one. Indiana Governor Mitch Daniels in a pres conference called the ruling by Court of Appeals striking down voter ID law as “transparently partisan”, and promised an appeal. He said, “It’s a preposterous decision, an extreme decision and came in this case from a judge who’s been reversed before and I expect it to happen again.” The governor went on to call the ruling "an act of judicial arrogance." Governor Daniels did not get a Rule 8.2 charge filed against him. Not that I'm advocating that. It's free speech. If a judge doesn't like criticism on the bench he or she needs to get another job.

Gary thank you so much for posting this and discus...

2013-07-30T22:58:44.448-05:00

Gary thank you so much for posting this and discussing my case. My case went on for 11 1/2 hours, straight through without more than a few 5-10 minute breaks. It was clear that I am public enemy #1 to the DC. It's a shame when we have people like Conour around and the DC gives him a pass for years while expending enormous resources to go after me.

Gary, I realize that you never found my case one r...

2013-07-30T16:30:24.096-05:00

Gary, I realize that you never found my case one raising concern, (vis a vis religious testing and reprisal for refusing to back down on principle) but .... well I did document what (I think) should be a very troubling current in Indiana judicial politics. Gathered here for any who wish to study how the system can work in what one Indiana attorney told me was a "perfect storm." I am glad you are standing up for Paul -- else we are picked off, one at a time and the chill is sent out to cower all the rest. http://www.archangelinstitute.org/archangel-michael/ Note the final document is a verified complaint from a Kansas licensed attorney ... and note that no complaint was ever filed against me in Kansas alleging that I took liberties with the facts. Because I did not.

Thanks for the correction, Carlos.

2013-07-30T15:50:35.779-05:00

Thanks for the correction, Carlos.

Gary, the Davis case was from Franklin County, not...

2013-07-30T14:05:36.309-05:00

Gary, the Davis case was from Franklin County, not Johnson County.

Interesting and valid point here: "Unlike ot...

2013-07-30T13:35:57.023-05:00

Interesting and valid point here: "Unlike other public and elected officials, Tarkington said, judges can insulate themselves from public criticism by the people who know the most about them — attorneys.

I believe that the Constitution's first amendment absolutely requires that public criticism of public officials by the people who know them best be permitted in this country. How else can we "elect" the best judges?

Paul should never have ran for judge or challenged...

2013-07-30T08:22:33.990-05:00

Paul should never have ran for judge or challenged the slate.

The system defends the system.

And yet, this Robert York wants to suspend Paul Og...

2013-07-30T07:41:05.292-05:00

And yet, this Robert York wants to suspend Paul Ogden for a private email he wrote, which was distributed without his permission, sedWIta3and although Ogden has a sterling record and reputation? The people deserve to be able to continue to choose Paul as their attorney if they wish, and I pray that, after hearing the evidence today, Attorney York changes his mind.