Disciplinary Actions: Jan. 1-March 28, 2022

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.

Reinstatement

Indianapolis attorney Michael C. Bratcher was reinstated to the practice of law in Indiana on Jan. 21. Bratcher had been suspended for at least 18 months without automatic reinstatement in March 2016 for lying on his applications for law school and Indiana and Illinois bar admission regarding a citation he received for retail theft in Wisconsin as an undergraduate student.

Reprimand

Indianapolis attorney Michael C. Steele was publicly reprimanded on March 4 for violating Indiana Rule of Professional Conduct 4.2 when he, proceeding pro se, emailed an opposing party directly, rather than communicating via opposing counsel. Justice Geoffrey Slaughter dissented, finding Rule 4.2 does not clearly apply to pro se lawyers.

Suspensions

Indianapolis attorney Timmy J. Brown was suspended from the practice of law in Indiana for 180 days, effective Jan. 6, with 60 days served and the remainder stayed subject to completion of at least two years of probation with monitoring by the Indiana Judges and Lawyers Assistance Program. Brown violated Indiana Rule of Professional Conduct 8.4(b) when he was convicted in May 2021 of operating a vehicle while intoxicated with a prior conviction, a Level 6 felony entered as a Class A misdemeanor.

Indianapolis attorney Seth B. Haynes was suspended from the practice of law in Indiana for at least one year without automatic reinstatement, effective April 7. Haynes violated Indiana Rules of Professional Conduct 1.3, 1.4(a)(3), 1.4(b), 1.16(d) and 8.4(c) when he lied to a client about filing a lawsuit on her behalf and failed to inform her that she may have had an actionable malpractice claim against him.

Fort Wayne attorney Robert E. Love’s suspension was converted to a 180-day suspension without automatic reinstatement, retroactively effective to Aug. 30, 2021. Love was previously suspended for 180 days with automatic reinstatement on Aug. 30, 2021, for negotiating a money settlement on behalf of two plaintiffs in a personal injury case but failing to tell the plaintiffs’ insurer about the funds. The Indiana Supreme Court Disciplinary Commission filed an “Objection to Automatic Reinstatement” due to a “repeated and systemic failure by Respondent to comply with the duties of suspended attorneys … and with the terms” of the Indiana Supreme Court’s prior disciplinary order. The court sustained the commission’s objection on Feb. 17.

Indianapolis attorney Patricia L. Rios’ probation was revoked and a suspension of 60 days without automatic reinstatement was imposed, effective April 7. Rios was previously suspended in April 2021 for 90 days, with 30 days served and the remainder stayed subject to completion of a probation period of at least 545 days, for representing clients in an immigration matter after being fired for noncommunication. The Indiana Supreme Court Disciplinary Commission filed a motion to revoke her probation after she committed the unauthorized practice of law in violation of Indiana Rule of Professional Conduct 5.5(a). The Supreme Court granted the motion on Feb. 24.

Oakland City attorney Darlene C. Robinson’s suspension for noncooperation was converted to an indefinite suspension, effective Jan. 6. Robinson was previously suspended on Aug. 27, 2021, for failing to cooperate with the Indiana Supreme Court Disciplinary Commission’s investigation of a grievance against her. More than 90 days passed from the initial suspension without Robinson’s cooperation.

Seymour attorney Jason M. Smith was suspended from the practice of law in Indiana for 30 days with automatic reinstatement, effective April 8, for violating Indiana Rule of Professional Conduct 8.2(a) when he knowingly made false statements about a judge’s qualifications.

Portage attorney Christopher D. Stidham was suspended from the practice of law in Indiana for 180 days with automatic reinstatement, retroactively effective to Aug. 10, 2021, for violating Indiana Rule of Professional Conduct 8.1(b). Stidham pleaded guilty in 2021 to Level 6 felony conflict of interest related to his work as Portage clerk-treasurer.

Angola attorney Allen R. Stout was suspended from the practice of law in Indiana for 90 days with automatic reinstatement, effective March 11, for violating Indiana Rules of Professional Conduct 4.1(a), 8.4(c) and 8.4(d), but the Indiana Supreme Court found in Stout’s favor on all remaining charges. Stout was representing a man against a woman who had petitioned for a protective order, and during a deposition he threatened to expose intimate photos of the woman in court.

Valparaiso attorney Bryan M. Truitt’s suspension for noncooperation was converted to an indefinite suspension, effective Jan. 27. Truitt was previously suspended on Sept. 16, 2021, for failing to cooperate with the Indiana Supreme Court Disciplinary Commission’s investigation of a grievance against him. More than 90 days passed from the initial suspension without
Truitt’s cooperation.

Indianapolis attorney Frankert K. Wheaton was suspended from the practice of law in Indiana, effective Feb. 3, and was ordered to reimburse the Indiana Supreme Court Disciplinary Commission $522.59 for the costs of prosecuting the proceeding. Wheaton did not respond to a Dec. 14, 2021, order to show cause as to why he should not be immediately suspended for failure to cooperate with the commission’s investigation of a grievance against him.•