INDIANAPOLIS (AP) - The state will appeal a ruling that threw out four
felony counts of official misconduct against Indiana’s former top utility
regulator, the attorney general’s office said Monday.
The office said it filed notice with the Indiana Court of Appeals on
Friday that it will appeal the dismissal of charges against former Indiana
Utility Regulatory Commission Chairman David Lott Hardy of Fort Wayne.
A Marion County judge ruled last month that a 2012 change to the official
misconduct law invalidated the charges against Hardy in connection with an
ethics scandal involving officials from the IURC and from Duke Energy.
Attorney General Greg Zoeller’s office asked the Court of Appeals to
reverse the dismissal and reinstate them so that Hardy will again face
“If the Legislature intended to make a 2012 change in the law retroactive
as the trial court ruled, it would have written that into the statute, and
it did not,” Zoeller said.
Hardy was indicted by a Marion County grand jury in 2011.
He was charged with not disclosing several meetings with Duke executives
about cost overruns at a $3.3 billion coal-gasification power plant in
Edwardsport, about 60 miles north of Evansville. Hardy also was accused of
helping the IURC’s top attorney, Scott Storms, break ethics rules in
seeking a job with Duke while helping to oversee the Edwardsport case.
Then-Gov. Mitch Daniels fired Hardy in 2010.
The Indiana Court of Appeals had denied Hardy’s request to throw out the
charges against him in December, but Hardy renewed his request at the
trial court level.
Hardy said he has no comment on the state’s decision to appeal.
The Legislature changed the official misconduct law in 2012 to specify
that it applied to specific criminal offenses by public officials and not
merely to violations of ethical or administrative rules.