Thursday, June 30, 2011
Ind. Decisions - Supreme Court decides disciplinary case involving giving jailed client "unauthorized materials"
See In the Matter of Jerry T. Drook, filed June 29, 2011. From the order:
Stipulated Facts: In November 2009, Respondent went to a jail to visit a client awaiting trial for the murder of his wife. While there, Respondent gave the client candy and written material that had not been authorized by the jail authorities. The written material was a letter from the client's sister pertaining to conversations between the sister and a witness for the state. Respondent was charged with two counts of trafficking with an inmate, which were resolved by a pre-trial division agreement under which Respondent admitted the allegations. * * *Ogden on Politics has an intersting post on this ruling, access it here.
Violation: The parties agree that Respondent violated Indiana Professional Conduct Rule 8.4(b), which prohibits committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer.
Discipline: The parties propose the appropriate discipline is a 30-day suspension with automatic reinstatement. The Court, having considered the submissions of the parties, now approves the agreed discipline.
For Respondent's professional misconduct, the Court suspends Respondent from the practice of law for a period of 30 days, beginning August 10, 2011. * * * At the conclusion of the period of suspension, provided there are no other suspensions then in effect, Respondent shall be automatically reinstated to the practice of law, subject to the conditions of Admission and Discipline Rule 23(4)(c).
Posted by Marcia Oddi on June 30, 2011 09:39 AM
Posted to Ind. Sup.Ct. Decisions