In re Wilder

764 N.E.2d 617 (2002)

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In re Wilder

Indiana Supreme Court
764 N.E.2d 617 (2002)

  • Written by Rose VanHofwegen, JD

Facts

As town attorney for Utica, New York, Larry Wilder prepared a complaint and a request for a temporary restraining order (TRO) to block county commissioners from replacing a town appointment to a local board. The pleadings said copies had been served on opposing counsel in person or by mail. Wilder finished preparing the pleadings after 4 p.m., and his secretary delivered copies to someone in opposing counsel’s office two blocks away. Wilder filed the pleadings after 5 p.m. and met with the judge. Wilder did not show immediate and irreparable harm would result before the commissioners’ attorney could be notified, certify the efforts made to give opposing counsel notice, or explain why notice should be waived, but the judge signed the TRO. The Indiana Supreme Court Disciplinary Commission found the judge violated the Code of Judicial Conduct by signing the order ex parte and suspended him for three days. The commission charged Wilder with violating the Indiana Rules of Professional Conduct by communicating ex parte and knowingly assisting a judge to violate the judicial code.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Legal Ethics

Key Terms

  • Ex ParteDescribing a judicial action or proceeding conducted for one party’s benefit only, without presenting the adverse party an opportunity to be heard.
  • Code of Judicial ConductSet of ethical standards and principles that govern the conduct of judges. 

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