A former judge accused of misconduct has given up his license to practice law in Indiana.
Roderick D. McGillivray, who served as Bartholomew County Superior Court 2 judge from 2003 to 2008, resigned from the Indiana State Bar Association, according to an order issued by the Indiana Supreme Court.
The acceptance of McGillivray’s resignation, which went into effect July 24, acknowledges there is a pending investigation into allegations of misconduct that he could not successfully defend himself against if prosecuted.
State statutes prevent the state’s highest court from releasing specific details about the investigation and allegations, court spokeswoman Kathryn Dolan said.
However, public records show McGillivray’s law license was briefly suspended last summer by the Indiana Supreme Court for failing to meet continuing education requirements.
In addition, Bartholomew Circuit Judge Stephen Heimann declared McGillivray in contempt of court March 27 for what the judge described as an ongoing problem of missing court hearings.
While McGillivray claimed he had misread the time for an earlier sentencing hearing, Heimann noted he had made the same claim concerning another hearing in a different court the same day.
After McGillivray said he intended to voluntarily give up his practice within a few months, Heimann said he would not sanction the attorney.
McGillivray, who resigned last summer as legal counsel for the Bartholomew County Council, is ineligible to petition for reinstatement to the bar for five years, the order stated.
If he attempts to regain his license to practice law in Indiana, allegations of misconduct admitted in McGillivray’s resignation letter may be addressed, according to the order.
While all disciplinary proceedings before the Indiana Supreme Court have been dismissed, McGillivray’s resignation does not relieve him from any liability he might have for misconduct under civil or criminal law, the order stated.
In April, McGillivray said that after he closed his law practice, he intended to become more involved in a natural supplements company he owns with his wife, Dr. Katrina McGillivray.