Disciplinary Actions 08/05/20

The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state’s rules for admission to the bar and Rules of Professional Conduct. The Indiana Commission on Judicial Qualifications brings charges against judges, judicial officers, or judicial candidates for misconduct. Details of attorneys’ and judges’ actions for which they are being disciplined by the Supreme Court will be included unless they are not a matter of public record under the court’s rules.

Probation

Marion County attorney Katherine E. Flood was suspended from the practice of law for 90 days, stayed subject to the completion of at least two years of probation with Judges and Lawyers Assistance Program monitoring. Per a July 9 order accepting a conditional agreement for discipline, Flood and the commission stipulated she had pleaded guilty to Class B misdemeanor disorderly conduct stemming from a domestic altercation and has two prior operating while intoxicated convictions, one of which predated her admission to the bar. Costs are assessed against Flood. All justices concur, except Chief Justice Loretta Rush and Justice Steven David, who believe a short period of active suspension is warranted.

Lake County attorney Robin G. Remley was suspended from the practice of law for 90 days, all stayed subject to completion of at least 18 months of probation, per a July 9 order accepting proposed discipline. Remley and the commission stipulated she mismanaged attorney trust accounts from 2014 through 2018 by failing to keep adequate records, commingling client and attorney funds, making improper disbursements and electronic transfers and paying personal and business expenses directly from her attorney trust account. Costs of the proceedings are assessed against her.

Lake County attorney Anthony F. Tavitas was suspended for 90 days, stayed subject to completion of at least one year of probation. Per a July 9 order, the commission and Tavitas stipulated he mismanaged his trust accounts from 2016 through 2018. Among other things, Tavitas maintained inadequate records, commingled client funds with personal and business funds, and regularly paid personal and business expenses from his trust account. Costs of the proceeding are assessed against Tavitas.

Resignation

Marion County attorney Matthew R. Breeden resigned per a July 24 order. Story at right.

Suspensions

Marion County attorney Andrew Homan was suspended for 90 days with automatic reinstatement, effective Sept. 4, per a July 24 order accepting a conditional agreement for discipline. Homan and the commission stipulated that he pleaded guilty to operating a vehicle while intoxicated, twice drove while his license was suspended and his probation was revoked after he was found in violation for consuming alcohol. He also failed to act with reasonable diligence and promptness, keep clients reasonably informed and other ethical breaches in conjunction with his “of counsel” relationship with a Texas law firm through which he accepted at least 251 cases from December 2016 to June 2018. Costs of the proceeding are assessed against Homan.

Lake County attorney Philip T. King was indefinitely suspended from the practice of law for noncooperation concerning a grievance filed against him, per a July 24 order. King in February was suspended for noncooperation and did not respond to the commission’s motion to convert the sanction to an indefinite suspension.

Allen County attorney Cody R. Williams was suspended for 180 days without automatic reinstatement per a July 9 order approving a conditional agreement for discipline. Williams and the commission stipulated he had overdrawn and mismanaged his trust account on multiple occasions, failed to maintain financial records and didn’t fully comply with commission subpoenas. He also collected unearned fees from four clients and has not refunded those fees. Williams was already suspended for noncooperation in a separate attorney discipline case. Costs of the proceedings are assessed against Williams.•