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In re Wilder

Indiana Supreme Court

764 N.E.2d 617 (2002)

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

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Issue

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Holding and Reasoning (Per curiam)

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