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Friday, February 17, 2012

Ind. Decisions - Former Fayette County prosecutor reprimanded

A number of new disciplinary orders have been posted, dated Feb. 15th. Of general interest is In the Matter of Kenneth D. FAW, a 2-page order. Some quotes:

Stipulated Facts: Respondent was the prosecutor for Fayette County, and SD was an employee of the office. A police officer arrested SD's husband, BD, for the theft of metal pipes, which he had sold to a scrap yard. BD admitted he took the pipes but said he thought they were abandoned. The owner of the pipes told the officer that they were not abandoned or scrap. After transporting BD to the jail, the officer prepared an affidavit of probable cause and a report, which was delivered to the prosecutor's office. Respondent did not petition the trial court for the appointment of a special prosecutor to handle the case. Instead, he told his staff he would handle the matter personally and spoke to the officer about the arrest. No criminal charges were filed against BD.

The parties cite no facts in aggravation. The parties cite the following facts in mitigation: (1) Respondent has no disciplinary history; (2) Respondent was cooperative with the Commission; (3) Respondent is remorseful; and (4) Respondent served over 20 years in the Connersville Police Department and over nine years a the prosecutor for Fayette County.

Violation: The parties agree that Respondent violated Indiana Professional Conduct Rule 1.7(a)(2), which prohibits representing a client (the State) when the representation may be materially limited by the attorney's own self-interest or the attorney's responsibilities to a third person.

Discipline: The parties propose the appropriate discipline is a public reprimand. The Court, having considered the submissions of the parties, now approves the agreed discipline and imposes a public reprimand for Respondent's misconduct.

Posted by Marcia Oddi on February 17, 2012 12:37 PM
Posted to Ind. Sup.Ct. Decisions