ANDERSON, Ind. — An Indiana Supreme Court official has recommended that Madison County Prosecutor Thomas Broderick be “publicly reprimanded for his misconduct,” according to court documents.
“This sanction would serve to remind (Broderick), and members of the bar, of the duty an attorney owes our justice system, and the perils associated with representing a family member in an adversarial proceeding,” stated the recommendation from Grant Superior Court 1 Judge Jeffrey D. Todd.
The Indiana Supreme Court Disciplinary Commission filed a formal complaint against Broderick in October 2008. The complaint claimed Broderick committed professional misconduct when he signed a Delaware County Prosecutor’s Office deferral agreement after his son, Evan Broderick, was arrested for allegedly driving drunk in 2003. Broderick failed to disclose his son’s 2001 arrest for misdemeanor battery in Florida.
Broderick, who was not Madison County prosecutor at the time of the incident, has said he signed the document without fully reading it. He said Tuesday it’d be premature to comment until the final decisions are made.
Todd was appointed to listen to both sides of the complaint case, and submit recommendations to the Indiana Supreme Court. Both parties, Broderick and the Commission, have 30 days to respond to the Oct. 29 recommendations. If one side files a petition, there will be more time for the other side to respond.
However, the court is not restricted by Todd’s recommendations.
“The court reviews them and makes a final decision,” said Paula Cardoza, staff attorney for the Indiana Supreme Court.
Todd said in his recommendations that, although Broderick should be reprimanded for his oversight, he should not be suspended from practicing law.
Todd noted that Broderick breached a sacred duty of lawyers by signing his son’s deferral agreement without fully reading or understanding the document.
“It is a lawyer’s solemn duty to protect our system of justice,” the court document said. “This duty lies at the heart of what it means to be a lawyer.”
Contact Christina M. Wright, 640-4883, christina.wright@heraldbulletin.com.
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