Kisses, Hugs And A Suspension
A bar discipline decision from the Indiana Supreme Court
We find that Respondent… engaged in a course of attorney misconduct in connection with his efforts to patronize a prostitute. For this misconduct, we conclude that Respondent should be suspended from the practice of law in this state for at least one year without automatic reinstatement.
The facts
H.S., using a fictitious name, had placed an online classified advertisement for escort services that listed her cell phone number. At some point, H.S. was arrested by the Indianapolis Metropolitan Police Department (“IMPD”) for engaging in prostitution.
At relevant times, Respondent was employed as a public defender. Respondent had seen and remembered H.S.’s classified advertisement, and when Respondent came across a police report containing the same phone number, he was able to determine specific arrest information regarding H.S. and thereafter identify her.
On or about November 30, 2012, Respondent sent a text message to H.S.’s cell phone, apparently without realizing that H.S.’s phone was in IMPD’s possession. An officer impersonating H.S. responded to that text as well as several other texts and calls from Respondent during the next several days. In those communications, Respondent indicated he could help H.S. with her situation, falsely stated he had been given information about her from a former client, said he would “work with” H.S. regarding her attorney fees, and set up an appointment to meet her.
On December 4, Respondent met in a hotel room with an undercover IMPD officer impersonating H.S. Respondent attempted to hug and kiss the officer, made statements conveying that he wanted sex in return for his legal services, and began to undress. Respondent then was arrested for patronizing a prostitute. After his arrest, Respondent gave a statement to police admitting that he had used information obtained through his employment as a public defender to attempt to meet H.S. under the pretense of discussing her pending criminal case, and that his intention in doing so was to have sex or fellatio in exchange for providing legal services.
The bad news
The Court concludes that Respondent violated the Indiana Rules of Professional Conduct by, among other things, patronizing a prostitute and attempting to obtain sex or fellatio in exchange for legal services. For Respondent’s professional misconduct, the Court suspends Respondent from the practice of law in this state for a period of not less than one year, without automatic reinstatement, effective immediately.