Three Indianapolis attorneys disciplined

The Indiana Supreme Court has has suspended two attorneys from the practice of law in Indiana for noncooperation and a third Hoosier lawyer indefinitely.

Attorneys Aftin R. Brown, Marco A. Genesis Moreno and Frankert K. Wheaton were suspended effective immediately, according to three separate June 29 orders.

Brown was ordered to show cause on April 12 as to why she shouldn’t be immediately suspended from the practice of law in Indiana for failure to cooperate with the Indiana Supreme Court Disciplinary Commission’s investigation of a grievance filed against her in 22-0807. The order does not specify the nature of the grievance.

Although Brown requested more time to respond to the commission’s letter, she still had yet to respond more than one month later. The commission on May 24 filed a “Request for Ruling and to Tax Costs” asserting that Brown still had not cooperated, to which she never responded.

Brown is ordered to reimburse the disciplinary commission $522.39. Her suspension will continue until the executive director of the disciplinary commission certifies to the Supreme Court that Brown has fully cooperated with the investigation or until further order of the Supreme Court, provided there are no other suspensions then in effect.

This is the first disciplinary action against Brown, who was admitted to the bar in 2012, according to the Indiana Roll of Attorneys.

Moreno was similarly suspended after being ordered to show cause on May 17 as to why he shouldn’t be immediately suspended from the practice of law for failure to cooperate with the commission’s investigation of a grievance against him in 22-0183. The order does not specify the nature of the grievance.

Moreno failed to show cause in writing within 10 days as required by the order, prompting the commission on June 2 to file a “Request for Ruling and to Tax Costs.” It asserted that Moreno still has not cooperated, to which he has not responded.

The order states that Moreno’s suspension will continue until he has fully cooperated with the investigation or until further order of the Supreme Court, provided there are no other suspensions then in effect. He is also ordered to reimburse the disciplinary commission $522.02.

According to the Indiana Roll of Attorneys, Moreno was admitted to the Indiana bar in 2003. He has three concluded disciplinary actions against him and two pending cases against him.

Both Brown and Moreno are ordered to fulfill the duties of a suspended attorney under Admission and Discipline Rule 23(26).

On February 3, Frankert K. Wheaton was suspended from the practice of law in Indiana for failing to cooperate with the disciplinary commission concerning a grievance filed against him in 22-0449. The order does not specify the nature of the grievance.

The commission concluded Wheaton’s suspension should be converted into an indefinite suspension, having found that more than 90 days has passed since Wheaton was suspended due to noncooperation with the disciplinary process. He never responded to the motion to convert.

Wheaton’s current suspension from the practice of law for failure to cooperate with the disciplinary process was therefore converted into an indefinite suspension, effective immediately. He must also fulfill the continuing duties of a suspended attorney under Admission and Discipline Rule 23(26).

To be readmitted to the Indiana bar, Wheaton must cure the causes of all suspensions in effect and successfully petition the high court for reinstatement pursuant to Admission and Discipline Rule 23(18)(b).

According to the Indiana Roll of Attorneys, Wheaton was admitted to the Indiana bar in 1987, but has been suspended since June 28, 2021. He has been the subject of four disciplinary actions since 2011.

Editor’s note: This article has been corrected.