Legal Ethics

Prosecutor Reprimanded for Working for Three-Plus Years with an Inactive License

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An Indiana prosecutor has been reprimanded for handling cases while he held an inactive license.

The Indiana Supreme Court reprimanded Newton County Prosecutor Ed Barce in a 3-2 decision (PDF), the Journal & Courier reports. Dissenters argued that Barce should have been suspended for 30 days.

Barce had an inactive license from August 2005 to February 2009, yet he continued to prosecute cases, according to the Journal & Courier. The state disciplinary commission had alleged he filed more than 1,000 felony and misdemeanor cases while his license was inactive.

Barce had testified during his disciplinary hearing that he did not understand the paperwork he had filled out to renew his license, the story says. The dissenters didn’t find the excuse compelling, and argued that “a mere reprimand” sends the wrong signal.

“As our Disciplinary Commission argues, if a defendant had argued he was not guilty of speeding because he had not bothered to read the speed limit posted on the sign, it is doubtful the respondent would have found that to be a persuasive argument,” the dissenters said.

Barce lost his bid for re-election. He told the newspaper he has not decided whether he will continue in private practice.

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