The Wrong Address

A suspension of 180 days without automatic reinstatement has been ordered by the Indiana Supreme Court

The Commission filed its complaint against Respondent on April 24, 2024. Respondent was served with the complaint and has not appeared, responded, or otherwise participated in these proceedings. Accordingly, the Commission filed a “Motion for Judgment on the Complaint,” and the hearing officer took the facts alleged in the complaint as true. See Ind. Admission and Discipline Rule 23(14)(c). Neither party filed a petition for review of the hearing officer’s report, although the Commission has filed a brief on sanction.

“Client,” who initially chose to represent himself, was convicted of two felony counts in an F1 case and was found in indirect contempt of court in a second case. Thereafter, Respondent accepted appointments to represent Client at sentencing in the F1 case and on appeal in the contempt case. Respondent failed to appear for the sentencing hearing, and Client was sentenced after electing to proceed with the hearing without counsel. Respondent later accepted an appointment to represent Client on appeal in the F1 case.

Respondent failed to initiate an appeal in the contempt case. In the ensuing months, Respondent either failed to respond to Client’s requests for information, or else Respondent sent communications to inaccurate addresses despite having consistently been provided notices of Client’s transfers between various correctional facilities. The Court of Appeals affirmed Client’s convictions in the F1 case in September 2022. Respondent mailed a letter in early October 2022 advising Client of the adverse decision and Respondent’s opinion that there was no basis upon which to seek transfer, but Client did not receive this letter because Respondent mailed the letter to the wrong correctional facility.

Respondent has prior discipline for similar misconduct, see Matter of Hilgendorf, 956 N.E.2d 1083 (Ind. 2011), and his failure to participate in these disciplinary proceedings is a significant aggravating factor.

(Mike Frisch)