Disciplinary Actions: June 29-Sept. 30, 2023

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.

Public reprimand

Bristol attorney Johnny W. Ulmer was publicly reprimanded in a Sept. 7 order for violations of Indiana Rules of Professional Conduct 1.3 and 8.4(d). Ulmer represented a client in a criminal direct appeal, but his submitted appellant’s brief contained only one sentence as the statement of facts and failed to address the facts relevant to the issue raised. Additionally, his substantive argument largely consisted of two sentences that lacked cogent reasoning and citations to the record, resulting in the Court of Appeals of Indiana holding that the client’s sole appellate claim was waived. The costs of the proceeding are assessed against him.

Reciprocal discipline

Harrisburg, Pennsylvania, attorney Darren K. Parr was indefinitely suspended from the practice of law in Indiana effective Sept. 29. On Aug. 10, 2020, the Pennsylvania Supreme Court suspended Parr for one year and one day, and Parr failed to notify the Indiana Supreme Court Disciplinary Commission of his Pennsylvania suspension as required by Indiana Admission and Discipline Rule 23(20)(b). Parr has not sought reinstatement in Pennsylvania, but if he is reinstated, he may file a Motion for Release from Reciprocal Suspension in Indiana. The costs of the proceeding are assessed against him.

Resignation

Angola attorney Amanda R. German resigned from the Indiana bar effective Aug. 24 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 that she could not successfully defend herself against if prosecuted. German is ineligible to petition for reinstatement for five years, and reinstatement will be discretionary. The costs of the proceeding are assessed against her.

Elkhart attorney Rachel A. Kidd resigned from the Indiana bar effective July 25 pursuant to Indiana Admission and Discipline Rule 23(17), which requires an acknowledgment that there is presently pending an investigation into or a proceeding involving allegations of misconduct that she could not successfully defend herself against if prosecuted. Kidd is ineligible to petition for reinstatement for five years, and reinstatement will be discretionary.

Suspension

Indianapolis attorney Aftin R. Brown was suspended effective Aug. 28 for 60 days, with 30 days actively served and the remainder stayed subject to the completion of at least 12 months of probation. Brown violated Indiana Rules of Professional Conduct 1.15 and 8.1(b) and Indiana Admission and Discipline Rules 23(29)(a)(1)-(3) and (7) and 23(29)(c)(5) and (7) by mismanaging her attorney trust account through failing to keep adequate records, commingling client and attorney funds, and making improper disbursements. The costs of the proceeding are assessed against her. She is now on probation.

Washington attorney Thomas A. Dysert was suspended effective Aug. 24 for noncooperation with the Indiana Supreme Court Disciplinary Commission. As of the date of his suspension, Dysert had not responded to a show-cause order or a Request for Ruling and to Tax Costs. His suspension will continue until the executive director of the Disciplinary Commission certifies that he has cooperated fully with the investigation, or until further order of the Indiana Supreme Court, provided no other suspensions are in effect. He was ordered to reimburse the commission $524.78 for the costs of prosecuting the proceeding.•