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Duty To Supplement Bar Admission Application

Wednesday, April 8, 2020

The Indiana Supreme Court suspended an attorney for 180 days without automatic reinstatement

The Commission filed its disciplinary complaint against Respondent on May 1, 2019. Respondent was served but did not appear or respond. Accordingly, the Commission filed motions for judgment on the complaint, to which Respondent likewise failed to respond, and the hearing officer took the facts alleged in the complaint as true. See Admis. Disc. R. 23(14)(c)(3).

Facts: After twice failing the Indiana bar exam, Respondent applied again in December 2014, took and passed the July 2015 bar exam, and was admitted to practice in April 2016. In his bar exam application, Respondent answered “no” to Questions 14 (“Have you ever been a party in a civil court case or proceeding?”) and 15 (“Have you ever had a complaint or other action (including but not limited to, allegations of fraud, deceit, misrepresentation, forgery or malpractice) initiated against you in any administrative forum?”). Respondent also acknowledged in his application his affirmative obligation to notify the Board of Law Examiners of any events between his application and bar admission that would cause any of the answers on his application to change.

After he submitted his application and took the bar exam, but before he was admitted to the Indiana bar, Respondent was the subject of a civil protective order proceeding filed in Marion Superior Court as well as a Title IX complaint filed with the McKinney School of Law. Respondent failed to supplement his bar application to include information about the protective order and Title IX proceedings.

Respondent has petitioned for review, but his petition does not articulate any grounds that would call into question the appropriateness of the hearing officer’s entry of judgment on the complaint. Moreover, Respondent’s argument that prosecution of the underlying misconduct is barred on res judicata grounds, due to the prior dismissal of a show cause proceeding that involved Respondent’s failure to timely cooperate with the Commission’s investigation into that misconduct, is without merit. See Matter of Krasnoff, 78 N.E.3d 657, 661-62 (Ind. 2017). So too is Respondent’s argument that he is being prosecuted for “a purely private affair disconnected from the practice of law.” (Pet. for Rev. at 12). Respondent is not being prosecuted for having been the subject of protective order and Title IX proceedings; rather, he is being prosecuted for having failed to comply with the requirement that he disclose those proceedings on his bar application, a failure with a direct and immediate bearing on the practice of law. See Matter of Charos, 585 N.E.2d 1334, 1335 (Ind. 1992).

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2020/04/the-indiana-supreme-court-the-commission-filed-its-disciplinary-complaint-against-respondent-on-may-1-2019-respondent-was.html

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