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The Indiana Supreme Court has accepted the resignation of a suspended city court judge accused of theft. The judge is also
permanently banned from judicial office.
Bicknell City Court Judge David A. Moreland and the Indiana Commission on Judicial Qualifications tendered a conditional
agreement in which the commission agreed to suspend its prosecution of the non-attorney judge and asked that the case be dismissed
in exchange for Moreland's resignation from office. The agreement also permanently bans him from judicial service, requires
repayment of costs of the proceeding, and prevents him from making public statements misrepresenting the status of the investigation
or terms of the agreement.
If Moreland violates the terms of the agreement, the commission can re-file charges of ethical misconduct.
The commission filed charges against him in December 2009 after he was arrested for five counts of felony theft. Moreland
is accused of knowingly exerting unauthorized control over cash payments that resolved failures to appear and restore drivers'
licenses, payments for infraction tickets written by the Bicknell Police Department but not recorded with the city court,
and cashed checks from the Bicknell City Court without authorization. His wife, Cindy, is also facing five felony theft charges;
she was the clerk of the court at the time of the alleged theft. The criminal cases are pending.
The Supreme Court accepted the parties' agreement March 25, finding further prosecution to be unnecessary because Moreland
could have likely faced removal from office. Continuing the proceeding would be a waste of limited judicial resources, the
justices concluded.
The resignation is effective immediately. The matter was dismissed without prejudice regarding the commission's right
to re-file charges. Moreland must also send a resignation letter to Gov. Mitch Daniels.
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