ANDERSON — The Madison County Public Defender Board has accepted the resignation of local attorney Evan Broderick.
The board voted unanimously to accept Broderick’s resignation, effective July 31.
Broderick submitted his letter of resignation to Bryan Williams, the chief public defender, on Wednesday.
Michael Frank, president of the Public Defender Board, said the meeting Thursday was to discuss the charges against Broderick.
Broderick, 38, 1200 block of Winding Way, was charged with a Level 6 felony of operating a vehicle while intoxicated; a Class A misdemeanor for operating a vehicle while intoxicated; and a Class B misdemeanor of leaving the scene of an accident on July 9.
Williams said the effective date of Broderick’s resignation allows the transfer of his cases to another public defender.
“Evan (Broderick) will work with the new attorney appointed,” Williams said.
Broderick was being paid approximately $44,000 per year and handling 40 pending cases as a public defender.
The Public Defender Board voted unanimously to appoint Joe Duepner as the new public defender in Madison Circuit Court Division 3.
Since Duepner is not a resident of Madison County, does he plan to open an office in Anderson, Frank asked.
Williams said Duepner can secure office space in the building used by Broderick and City Attorney Paul Podlejski.
After Broderick’s arrest in 2018 he was allowed to continue as a public defender.
“He quickly went on a sobriety monitor for a year,” Williams said of the 2018 conviction. “There were no violations.”
According to the Edgewood Police Department, they received a call that a mailbox had been hit on Sunset Drive at approximately 9 p.m. July 9.
A witness gave police a description of the vehicle involved and a license plate number.
Police officials said Broderick’s car was found in the driveway of his residence; there was damage to the vehicle.
Broderick didn’t admit to driving the car and was taken to the hospital for a blood draw. He was detained at the hospital and not free to leave, according to police.
The probable cause affidavit states Broderick was found passed out in his yard next to the vehicle.
The court document said the 2017 Cadillac had damage to the bumper, hood and passenger side consistent with the crash.
Broderick denied driving and being in a crash, but he supplied no information as to an alternate driver or cause or the damage, the affidavit states.
There is a disciplinary case pending against Broderick at the Indiana Supreme Court Disciplinary Commission for his arrest in 2018.
No hearing date has been set in that case.
Broderick entered pleas of guilty to misdemeanor charges of operating a vehicle while intoxicated endangering a person and leaving the scene of an accident in 2018.
He received a suspended sentence. Broderick resigned as an assistant city attorney in 2018, but has represented the city in several cases as a private attorney.
Broderick was admitted to practice law in 2008 and has no prior disciplinary history.
Broderick’s criminal case gives rise to three disciplinary charges, the Indiana Lawyer reported. The commission asserts violations of Indiana Rule of Professional Conduct committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer; conduct prejudicial to the administration of justice; and stating or implying an ability to improperly influence a government agency or official.
“A year ago I immediately accepted responsibility for my mistakes and plead guilty to criminal charges filed against me and apologized to all involved, including the legal community,” Broderick said in a statement at the time the complaint was filed with the Disciplinary Commission. “I have fully cooperated with the commission and have been working with their representatives to resolve this matter in the near future.”
The complaint notes a blood draw taken after a warrant was issued concluded Broderick had a blood alcohol content nearly four times the legal limit — 0.29%.
The complaint also details Broderick’s alleged belligerence as he was booked into jail.