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    Matt Blac inc.
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    The motion requests a continuance of the February 12, 2024 hearing on allegations of contemptuous conduct against Attorney Rozzi. It argues that Rozzi needs more time to prepare, obtain counsel, and conduct discovery given the short notice. It also notes that a motion to disqualify the judge is pending and an opinion from the Supreme Court that could provide guidance. The motion requests continuing the hearing to allow these matters to be addressed.

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    The motion requests a continuance of the February 12, 2024 hearing on allegations of contemptuous conduct against Attorney Rozzi. It argues that Rozzi needs more time to prepare, obtain counsel, and conduct discovery given the short notice. It also notes that a motion to disqualify the judge is pending and an opinion from the Supreme Court that could provide guidance. The motion requests continuing the hearing to allow these matters to be addressed.

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
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    Download as pdf or txt
    140 views4 pages

    Motion For Continuance

    Uploaded by

    Matt Blac inc.
    The motion requests a continuance of the February 12, 2024 hearing on allegations of contemptuous conduct against Attorney Rozzi. It argues that Rozzi needs more time to prepare, obtain counsel, and conduct discovery given the short notice. It also notes that a motion to disqualify the judge is pending and an opinion from the Supreme Court that could provide guidance. The motion requests continuing the hearing to allow these matters to be addressed.

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    of 4

    Filed: 2/2/2024 11:14 AM

    Carroll Circuit Court


    Carroll County, Indiana

    STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT


    )ss:
    COUNTY OF CARROLL ) CAUSE NO. 08C01-2210-MR—000001

    STATE OF INDIANA
    )
    VS.

    RICHARD M. ALLEN )

    MOTION FOR CONTINUANCE

    Comes now Attorney, Bradley A. Rozzi, and respectfully requests that this
    Court continue the February 12, 2024, hearing on the Verified Information of

    Contemptuous Conduct filed by Prosecutor, Nicholas C. McLeland, on January 29,


    2024. In support of said Motion, Counsel states as follows:
    1. 0n January 29, 2024, Prosecutor McLeland filed a Verified
    Information of Contemptuous Conduct. Within said Information, Prosecutor
    McLeland alleged that Attorney Rozzi engaged in conduct that amounted to indirect
    contempt of this Court's Orders;
    2. Three days later, this Court scheduled the State's Information for

    hearing on February 12, 2024, at 9:00 am. in the Allen Superior Court;
    3. The February 12th hearing was scheduled by the Court without any
    consultation with Attorney Rozzi's Office regarding Attorney Rozzi's availability.

    Attorney Rozzi is scheduled to be out of the State of Indiana, on personal matters, and
    is therefore, unavailable to attend;
    4. Because of the timing of the State's filing, Attorney Rozzi has only eleven

    days to prepare for said hearing;


    5. Attorney Rozzi has yet to consult with an attorney as of the date of the
    filing of this Motion;
    HILLIS. HILLIs,
    R0221 & DEAN, LLc 6. The accelerated scheduling of the hearing prohibits Attorney
    ATTORNEYS AT LAW
    200 F'OURTI! ST. Rozzi and/or his future legal representative from conducting any meaningful discovery
    LOGANSPORT. IN 46947
    regarding the State's allegations which appear to have stemmed from a "side-
    (574) 72M560
    FAX (574) 722-2659

    JOHN R. HILLIs investigation" into leaked photos (see paragraphs 12-25 of the contempt pleading),
    1.1). #753309
    BRADLEY A. R0221 that was conducted by the same investigative team that investigated the crimes in this
    u). «2333509
    BRADEN J. DEAN case. It seems only fair that Attorney Rozzi would be entitled to conduct discovery
    Ln. 031941-34
    on such a matter before facing sanctions that could result in Attorney Rozzi's

    imprisonment;
    7. Attorney Rozzi would further report that the moving party, Prosecutor
    McLeland, has communicated to Attorneys Rozzi and Baldwin that he will no longer
    engage in telephonic communications with Attorneys Rozzi and Baldwin in this case.
    Prosecutor McLeland has limited all communications through email

    correspondence. Therefore, the flow of information between the State and Attorneys
    Rozzi and Baldwin is limited;
    8. A plain reading of I.C. 34-47—3-6, the statute articulating the potential

    punishment to be handed down by the Court in a contempt finding, authorizes the


    Court to punish indirect contempt by way of a fine, imprisonment, or both a fine and

    imprisonment. As such, Attorney Rozzi is entitled to obtain representation for

    purposes of defending against the allegations of contempt. "[An] indirect contempt,


    which is at issue here, requires an array of due process protections, including notice
    and the opportunity to be heard." In re Nasser 644 N.E.2d 93-95 (Ind. 1994). Surely,

    these protections would amount to more than eleven days of advance notice;
    9. The allegations in the State's Information fail to accurately categorize the

    contemptuous behavior as being grounded in either civil contempt or criminal

    contempt. However, the pleading was filed within the "MR" cause number and not in
    an unrelated civil miscellaneous ("MI") cause. Moreover, the allegation is couched as

    an "Information" for contemptuous behavior as opposed to a "Citation" for contempt

    and therefore, it is logical to conclude that the relief sought by Prosecutor McLeland is

    akin to that associated with criminal contempt. And, while the Information does not

    specifically contain a prayer for relief, the pleading does reference the
    "revictimization" of the victims families which is "immeasurable and incurable." This

    verbiage is grounded in criminal contempt. Therefore, Attorney Rozzi is entitled to


    the appointment of a Special Judge pursuant to LC. 34—47-3-7 and logically, the
    HILLIS. HILLIS. process of selecting the Special Judge should occur before any hearing on the
    ROZZI & DEAN, LLC
    ATTORNEYS AT LAW
    FOURTH ST.
    200
    allegations takes place;
    LOGANSI'ORT. 1N 46947
    (574} 722-4560 10. Attorney Rozzi would also note that on January 28, 2024, Defendant
    FAX (574.) 722—2859
    Richard Allen, by and through his Attorneys Rozzi and Baldwin, filed a Verified
    JOHN R. HILLIs
    [118758809
    Motion to Disqualify Judge Francis C. Gull. "It is well settled that when an Affidavit
    BRAImEY A. Rozzt
    Lu. #2336509
    BRADEN J. DEAN
    for Change of Judge is filed in a proper case, based on the bias and prejudice of the
    1.1). "31941-34
    Judge, the Court has no discretion in the matter." State ex rel Ballard Jefierson
    V.

    —,
    Circuit Court ofJefferson Counoz 225 Ind. 174 (Sup. Ct. Ind. 1947). Moreover, in
    Ballard, the Court cited the Defendant for contempt for failure to comply with an
    order issued by the court gig to the filing of the request for the change of judge. This
    factual scenario is nearly identical to the one that exists in this case. Attorney Rozzi
    asserts that at the present time, this Court has no authority to conduct a contempt

    proceeding of any nature;


    11. Attorney Rozzi would further note that there remains pending, the issuance
    of a full and final Opinion stemming from the Indiana Supreme Court's Published
    Order of January 18, 2024 (Case # 23S-OR—311). It seems only logical that no further

    action regarding the allegations of misconduct should occur until the Court issues the
    full opinion giving further guidance regarding its order reinstating Attorneys Rozzi
    and Baldwin, and the procedural circumstances surrounding this case. Ironically, the

    anticipated opinion in this case stems from the filing of an Original Action,
    which was

    also the case in Ballard, referenced above. Therefore, there is precedent that the

    conduct of a trial court judge in the face of a pending motion to disqualify is

    appealable in the form of an original action; and


    12. There is no harm in awaiting the opinion of the Indiana Supreme Court,

    affording Attorney Rozzi the opportunity to consult with and retain counsel, allowing
    and
    Attorney Rozzi an opportunity to conduct discovery on the State's allegations,
    most importantly, adjudicating Richard Allen's Motion to Disqualify.

    Wherefore, Attorney Rozzi respectfully requests that this Court continue the

    February 12, 2024, hearing on the State's Verified Information of Contemptuous


    Conduct and reset the matter on a date and time convenient for all parties and the
    Court.

    Respectfully initt
    HILLIS. HILLIS.
    Rozm & DEAN. LLC
    ATTORNEYS AT LAW
    200 FOURTH ST.
    LOGANSPORT. IN 46947
    (57¢ 722-4560 -09
    R0221
    FAX £574) 722-2659

    JOHN R. films
    HILLIS,W1S(§§uZg&HILI Dag
    Ln. #753309
    BRADLEY A. Rozzl
    LI). #2336509
    BRADEN J. DEAN
    Lu. «31941-34
    CERTIFICATE OF SERVICE
    I certify that I have served a copy of this document by the County e-filing
    system upon the Carroll County Prosecutor's Offic
    Baldwin the
    day of February, 2024.

    Bra A. Rozzi, # 365-09


    ILLIS. HILLI-S.'ROZZI 8t DEAN
    200 Fourth Street
    Logansport, IN 46947
    574-722-4560

    HILLIS, HILLIS,
    Rozzr & DEAN, LLU
    ATTORNEYS AT LAW
    200 FOURTH ST.
    LOGANSPORT. IN 46947
    (574) 729-4560
    FAX1574) 722-2659

    J OHN R. HILLIS
    1.1). #753309
    BRADLEY A. ROZZI
    LU. #238650"
    BRADEN J. DEAN
    LI). #31941-34

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