Wednesday, May 17, 2017

Dangerous Obsession

A minimum of a one year suspension has been imposed by the Indiana Supreme Court of an attorney who

committed attorney misconduct in connection with his pattern of harassment of an ex-girlfriend. For this misconduct, we conclude that Respondent should be suspended for at least one year without automatic reinstatement.

The misconduct

During most relevant times, Respondent was the chief public defender in Adams County. He also was married. In 2010, Respondent had an affair with “Jane Doe” (“J.D.”) that ended after several months.

In March 2014, Respondent ran into J.D., who was at the courthouse in connection with her conviction for operating while intoxicated. A short time later, at Respondent’s behest J.D. met him for dinner at a restaurant, and Respondent told J.D. that his wife was leaving him. Thereafter, Respondent began persistently calling J.D. J.D. told Respondent she did not wish to have a relationship with him and repeatedly told him to stop contacting her, to no avail. During one of these calls, Respondent was crying and J.D. overheard Respondent shoot a gun several times.

Respondent continued to call and text J.D. and contact her through Facebook. Respondent also appeared uninvited at J.D.’s apartment, stood in the doorway and prevented J.D. from closing the door, and refused to leave. The police were summoned and Respondent was issued a No Trespass Order.

Respondent persisted in calling and texting J.D., and he additionally attempted to contact J.D. through her roommate. J.D. continued to plead with Respondent to stop contacting her, still to no avail. A police officer told Respondent to cease contacting J.D. and never to go to her residence again. Respondent responded to J.D. by threatening to have her children taken from her and to create trouble for J.D. through her probation officer.

At one point, Respondent sent an identical text message to J.D. five times in a single day, and during the overnight hours of the following morning Respondent placed a hard copy of the text outside J.D.’s front door. J.D. immediately reported this to the police. Later that day, Respondent traveled to J.D.’s apartment, arriving at the same time J.D.’s children were dropped off by the school bus. J.D. hurried her children inside. Respondent entered the building and stood outside J.D.’s apartment. J.D. was terrified of these actions. A police officer confronted Respondent later that evening and demanded he cease all contact with J.D., once again to no avail. J.D. obtained a protective order against Respondent.

When an officer served Respondent with the order, Respondent responded by telling the officer that J.D. had violated her probation. Respondent later made similar reports to J.D.’s probation officer. Attempting to leverage his role as public defender, Respondent continued to contact J.D.’s probation officer to see if a violation would be filed. J.D. admitted having a glass of wine at dinner with Respondent, and as a consequence she received a 10-day sentence, suspended on condition she not violate probation again.

The Indiana State Police (“ISP”) became involved, and Respondent was arrested and charged with two misdemeanor counts of trespass and one felony count of making a false statement. In October 2014, Respondent was found guilty of one count of trespass. He was placed on informal probation, one condition of which was that Respondent could not contact J.D.

About one and a half months after Respondent’s conviction, Respondent phoned the restaurant where J.D. worked. Later that day, Respondent saw “A.F.”, a friend of J.D. who recently had been arrested for driving while suspended, at the courthouse. Respondent called A.F. and lured her into a meeting at his law office, telling her to come in through the back door. At the meeting Respondent inquired about where J.D. was living and whether she had a boyfriend, and attempted to persuade A.F. to get J.D. to call him. A.F. left, and Respondent later texted A.F. and asked that she keep their conversation secret.

Meanwhile, ISP was investigating Respondent for his ongoing stalking and harassment of J.D. and violation of the protective order. Respondent called the state trooper who was investigating the case, berating the trooper and threatening to contact the trooper’s superiors.

Although J.D. moved from her apartment, Respondent successfully tracked J.D. to her new residence. Despite his criminal trespass conviction and the protective order, on multiple occasions in May 2015 Respondent drove by J.D.’s house, parked across the street, or slowed down to stare at J.D.

During much of this time, Respondent suffered from a progression of mental illness – including depression, manic episodes, and bipolar disorder – that the hearing officer found had a nexus to some, but not all, of Respondent’s misconduct.

Sanction

Respondent urges us not to impose any period of active suspension, while the Commission requests a suspension of at least two years without automatic reinstatement. Both parties’ positions are informed in large part by their respective views regarding the degree to which Respondent’s misconduct can be attributed to his mental illness. Respondent’s position also factors in the notion that his misconduct bore no nexus to his law practice, a notion we categorically reject. Upon consideration of the materials before us and the above-cited cases, we conclude that a significant period of active suspension is warranted and that Respondent must be required to go through the reinstatement process before resuming the practice of law...

The Court concludes that Respondent violated Professional Conduct Rules 8.4(b), 8.4(d), and 8.4(e) in connection with his pattern of harassment of J.D. 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, beginning June 28, 2017.

The Indiana Lawyer had reported on the matter. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2017/05/a-one-year-suspension-has-been-imposed-by-the-indiana-supreme-court.html

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