Wednesday, May 8, 2013

Virulent Bigotry Contributes To Substantial Suspension

The Indiana Supreme Court Court has imposed a suspension of not less than three years without automatic reinstatement of an attorney for conduct in defense of his own foreclosure action and for the "virulent bigotry he has manifested in these proceedings..."

In addition to asserting frivolous positions, he

handed out fliers entitled "stop the Plunder in Bankruptcy Court" in downtown Indianapolis. The flyer, which was based upon [his] Chapter 13 bankruptcy, called Sellers (without naming them) "slumlords," called their attorneys (naming the firm) "bloodsucking shylocks" who were part of a "heavily jewish (sic)...reorganization cartel," and made free-ranging disparaging remarks about Jews generally, from the fall of Jericho, through 1925 Berlin, to their alleged involvement in the 9/11 attacks.

The court found as an aggravating factor that the offensive behavior continued in the bar case

by, for example, seeking discovery to establish that Sellers were mentally impaired, serving interrogatories upon the Commission seeking confirmation of his anti-Semetic statements, attempting to use discovery to ask the names of Commission members and others with Jewish affiliations, and attacking the merits of rulings in the bankruptcy and foreclosure proceedings that were long ago final.

The court further found the conduct was not protected "within the Respondent's broad constitutional right to freedom of speech and expression."

Justice David would disbar. (Mike Frisch)

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