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An Indianapolis attorney resigned from the Indiana bar after the Supreme Court Disciplinary Commission filed a professional misconduct complaint against him, with allegations that he failed to file paperwork in a timely manner and was non-responsive to clients in three separate immigration-related cases.
In one case, the commission noted that the untimely filing of paperwork resulted in a Guatemalan family no longer being able to affirmatively pursue asylum and the client having to defend himself against deportation as well.
The Indiana Supreme Court issued a disciplinary order Oct. 11 accepting Grady Ray’s resignation, effective immediately.
Ray was admitted to the bar in 1998.
Ray did not immediately respond to Indiana Lawyer’s phone and email messages seeking comment.
According to the disciplinary commission’s complaint, one case involved a Guatemalan man, his wife and and young daughter who entered the United States on March 2, 2021. The family immediately asked for asylum based on a fear of persecution in their home country of Guatemala.
The man met with Ray’s assistant in April 2021 to complete the necessary asylum paperwork. Ray was not present during the meeting, with all of the main interactions taking place with the assistant, according to the complaint.
The man paid Ray the requested $700 for the representation. He was told by the assistant that they had everything they needed for filing and the asylum application would be filed as soon as possible.
In January 2022, the man called to check on the status of his matter and the assistant indicated to the man that the application had been filed, according to the complaint.
In January 2023, the assistant told the man that Ray could no longer represent him and recommended another attorney.
The man’s new attorney advised him the asylum application was not filed until June 7, 2022, three months beyond the March 2, 2022 deadline.
In a letter to the man dated March 22, 2023, Ray indicated the Covid-19 pandemic caused issues with staffing resulting in the hiring of additional staff. Ray’s letter also indicated there were difficulties with the filing location and the case was sent back to Ray at a time when he was ill, and a key staff member was also out of the office.
The disciplinary commission’s staff requested Ray’s complete client file. There was nothing in the file to demonstrate a problem with the man’s application being returned to Ray’s office due to a mailing issue.
When asked by the disciplinary commission about his staff between Jan. l, 2021 and August 16, 2023, Ray replied that he only had one staff person, according to the complaint.
“The untimely filing meant the family could no longer affirmatively pursue asylum. The family must assert their asylum claim defensively during a withholding of removal proceeding,” the complaint stated, adding that man now has to defend himself against deportation as well as demonstrate his asylum claim.
Ray’s resignation is pursuant to Indiana Admission and Discipline Rule 23(17), which requires an acknowledgement that there is presently pending an investigation into or a proceeding involving allegations of misconduct and that the attorney could not successfully defend himself if prosecuted.
With the order, any attorney disciplinary proceedings pending against Ray are dismissed as moot because of his resignation.
He is ineligible to petition for reinstatement to the practice of law for five years from the date of the order.
Chief Justice Loretta Rush issued the order, with all justices concurring.
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