Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1963-05-28
Kordy Case Lessons

The deep wounds caused by the finding of District
judge that States Attorney Leonard T. Hardy "ied and
and committed fraud and duress in divorce will
undoubtedly heal in time but neither Mr. Hardy Mont
gomery County likely to lose permanently the scars
This newspaper has for years expressed its concern
about conflict of interest situations that exist here And the
Hardy case now demonstrates clearly that these fears
were Justified in fact that conflict of interest situations
exist IN the office of the states attorney, too
Mr.. Hardy is the county's chief criminal prosecutor
He knows that by virtue of holding this office becomes
his responsibility to prosecute criminal This is
solemn obligation that must be taken ghtly-or
cheapened He knew-or by quick check could have i'm
medately ascertained- that District of Columbia
charged by his wife with assault and battery here
was his public responsibility granted him by 5246 voters
last November to prosecute the long the charge
remained the books But parttme states attorney
he is allowed to engage in the private practice of law And
he accepted private client the wife who trying
win a divorce.
This is dangerous mixing up of private and public
business that he should tolerate on the part of any
member of his staff let alone commit himself He and his
assistants should at all times scrupuousy avoid taking on
private Tor civil that have areadyor likely
wind up in the states attorneys office as criminal
matters.
Dismissal of the assault and battery charge could have
been done properly by the wife who brought it. 1t would
be uconsconabe for prosecutor to do this offer to
do it, to aid his private client.
Lesson number one then, Is that new rule should be
immediately-hat neither the states attorney
nor any of his assistants should take private cases that
relate - or in any way likely to relate-to criminal
prosecutions This is potential conflict of interest!
Lesson number two that is clearly demonstrated by
TINS highly unfortunate development is that Montgomery
County needs and deserves fu-time well paid states
attorney who would not at any time practice law privately
With 500 mllion-ayear budget and $4,000 persons
living within our borders would think that we have now
reached grown up" stage and that we would not have
to still live by system created for small rural counties
more than century ago.
Hardy himself, ironically, has said that he believed
such need exists here yet has done anything about
it. The time is overdue for citizens-n view of the
politicians failure to act this-to begin demanding that
this long overdue governmental reform be instituted
Meanwhile, 1t must be remembered by all that the
Hardy case cannot be taken lightly shrugged of-by
anyonee citizens, county and state public officials and
the Montgomery County Bar Association The D. c. Judge
who precpitated the current uproar was not making
casual observation What he has done is to make formal
finding in court of law that Mr. Hardy was "a liar and
big har and that he used fraud and duress to aid his
private client.
A question could even be asked as to whether Mr..
Hardy should continue to perform his official duties until
the matter is resolved Either the D. c. Judge is right or
Mr Kardys emphatic denia right And the public as
always deserves to know the truth The Bar Association
Grievance Committee which will probe this grave sla-
non has heavy responsibility. s