A city court judge accused in October of theft of court funds is now facing disciplinary charges. The Indiana Commission on Judicial Qualifications has filed charges against non-attorney Bicknell City Court Judge David Andrew Moreland.
All posts by Chris Buckley
Supreme Court Takes Texting Case
New York Times Article
By ADAM LIPTAK
WASHINGTON — The Supreme Court agreed on Monday to decide whether a police department violated the constitutional privacy rights of an employee when it inspected personal text messages sent and received on a government pager.
Attorney Quits Practice, Leaving Clients in Lurch
Patrick Boulac faces new criminal charges
By JEFF PARROTT
South Bend Tribune Staff Writer
The Indiana Supreme Court has suspended the law license of a local attorney, finding that he failed to comply with terms of his probationary status.
But the attorney, Patrick Boulac, already had quit his practice — without notifying some of his clients.
“He took my money and disappeared,” said client Doug Simons, of Mishawaka. “He wouldn’t return my phone calls. I left him like 30 or 40 phone messages. One day his phone was disconnected.”
Boulac’s troubles started in October 2004 when he was charged with felony residential entry for breaking into his neighbor’s home in Granger. Boulac, 41, told police he had been having a dispute with the neighbor, and, for some reason, wanted to trigger the neighbor’s alarm system.
He pleaded guilty to the charge and St. Joseph Superior Court Judge Jerome Frese agreed to treat it as a misdemeanor, sentencing him to time served, according to court records.
Because of the conviction, the Supreme Court in December 2007 placed Boulac’s license on probation for two years. A condition of the probation was that he complete the court’s Judges and Lawyers Assistance Program, or JLAP, which helps attorneys address problems related to mental illness or substance abuse.
But in October of this year, the Indiana Supreme Court Disciplinary Commission asked the high court to revoke the probation and suspend his license because Boulac had failed to make required contacts with his JLAP monitor.
JLAP also received reports from an unnamed St. Joseph County judge that Boulac had abandoned his office and was failing to appear for court hearings, according to court records.
Four days after the disciplinary commission filed its motion in October, Boulac was arrested again. This time, police were called to his home on a report that he was despondent.
An officer arrived at the home and, through a living room window, saw Boulac smoking from a pipe, according to court records. When he and another officer entered the home and suspected that Boulac was smoking marijuana in the pipe, the officers tried to arrest him. He resisted and put one of the officers in a headlock, prosecutors allege in court records.
The other officer stunned Boulac with his Taser and they managed to arrest him. The officer received treatment at a hospital for minor injuries.
Boulac spent five days in jail before bonding out and was charged with felony resisting law enforcement and misdemeanor counts of possessing marijuana and paraphernalia. He has a Feb. 25 trial date.
Boulac had been renting office space in the Tower Building, 218 W. Washington Ave., from attorney Stephen Drendall.
Drendall told The Tribune that Boulac stopped coming to work in June, and told him he wanted to close down his practice so he could “pursue other interests.” Drendall declined to elaborate, but said he went in and boxed up “dozens” of Boulac’s client files.
“I don’t know how many of those were active cases,” Drendall said. “He left them unattended. It’s definitely unfortunate, having decided he didn’t want to practice anymore, that he didn’t wind things down in a more responsible way, because there is a way to do that.”
Simons, who had hired Boulac to defend him in a child support delinquency case, was one of at least two clients who filed complaints with the disciplinary commission. Boulac never replied to those complaints, according to commission records.
The Tribune could find no publicly listed phone number for Boulac. Attorney Mary Ann Boulac, his aunt, said she contacted him on The Tribune’s behalf, and he told her that his Mishawaka attorney, Gary Griner, had advised him not to comment.
Griner did not return calls seeking comment.
The Supreme Court recently suspended Boulac’s license for at least six months, with no automatic reinstatement, meaning he will have to reapply for his law license if he ever wants to resume practice.
Today’s Opinions
Indiana Court of Appeals
State of Indiana v. Craig Cooper
49A02-0907-PC-599
Post conviction. Affirms grant of Cooper’s request for post-conviction relief. Cooper has demonstrated the requisite prejudice because he would not have pleaded guilty to the charged offense had he known that there was no basis for that charge and he was prejudiced by the inadequate factual basis that was presented at the guilty plea hearing. Judge Robb dissents.
Indiana Farmers Mutual Ins. Co. v. North Vernon Drop Forge, et al.
40A05-0904-CV-220
Civil. Affirms summary judgment in favor of North Vernon, Reid, White, Crane, and Dibble, but reverses that portion of the trial court’s judgment ordering untimely indemnification. Holds that the forge owner’s affidavit testimony may be considered along with the underlying complaint when assessing the insurer’s duty to defend; the factual allegations sufficiently disclose an unintended “occurrence” requiring the insurer to defend in the underlying suit; coverage is not foreclosed by the policy’s intentional acts exclusion; the insurer was not prejudiced by untimely notice of occurrence; and the trial court erroneously ordered indemnification before the conclusion of the underlying litigation.
McClure & O’Farrell, P.C. v. Patricia A. Grigsby v. Charles E. Grigsby
29A05-0907-CV-395
Civil. Reverses order awarding attorney’s fees to Patricia. The law firm did not act unreasonably by opposing her petition for an accounting of the law firm’s services to her deceased, estranged husband in their divorce proceeding.
Appellate Court Splits on Liability of City
The Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.
IN COA Rules on Excessive Force Under ITCA
The use of excessive force is not conduct immunized under section 3(8) of the Indiana Tort Claims Act, the Indiana Court of Appeals ruled today.
‘Fireman’s Rule’ Prevents Officer from Filing Suit
The “fireman’s rule” doesn’t allow a professional emergency responder to file a claim for the negligence that creates the emergency to which he or she responds, the Indiana Supreme Court upheld today. As a result of its ruling, the high court unanimously ruled a police officer’s complaint against an adult showclub must be dismissed.
BLE Officers Re-elected to New Term
All four officers of the Indiana Supreme Court’s Board of Law Examiners have been re-elected to retain their current positions, according to an announcement today from the Supreme Court.
Commissioner Honors 2 Judges for Juvenile Work
LaPorte Circuit Judge Thomas Alevizos and Marion Superior Judge Marilyn Moores have received the Distinguished Hoosier Award for their work with juveniles.
Judges Uphold Molestation Convictions
Indiana Lawyer Article
The Indiana Court of Appeals affirmed a man’s convictions of child molesting because it agreed the victim’s recantation of the allegations weren’t worthy of credit.