Monday, July 20, 2009

Indiana prosecutor tried cases with inactive license

INDIANAPOLIS (AP) -- Hundreds of criminal convictions, including that of a man found guilty of a crash that killed three people, could return to court because the Indiana prosecutor who oversaw the cases had an inactive law license for more than three years.

Newton County Prosecutor Ed Barce asked the state to change his license status in August 2005, saying he did not practice law in Indiana. Yet he continued to prosecute cases.

Barce, who has since reactivated his license, denies committing misconduct.

He may have a sound defense: Indiana's constitution requires prosecutors to have law licenses before taking office but doesn't specify that they must keep them active. Legal experts say they're baffled by the case but doubt whether Barce's inactive license could be enough to throw out the convictions.

"Why in God's name did he put himself in this position?" asked John A. Strait, a Seattle University School of Law professor.

The state Supreme Court set a disciplinary hearing Oct. 16 and Barce could be disbarred, reprimanded or suspended.

Read on.

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