Thursday, November 05, 2015
Ind. Decisions - Supreme Court issues one disciplinary order of note
From In the Matter of: Stephen G. DRENDALL, a 2-page, 5-0 order filed Nov. 4th, :
Respondent filed a motion in the St. Joseph Probate Court seeking leave for the grandparents to intervene and an award of custody to the grandparents. Respondent did not serve the motion on the father. At Respondent’s request a hearing was held two days after the motion was filed. Respondent did not provide the father with notice of the hearing, nor did he request the court to postpone the hearing in order to give the father a chance to be heard. Respondent also did not allege that emergency judicial relief without written or oral notice to the father was authorized. * * *
Violations: Respondent violated these Indiana Professional Conduct Rules prohibiting the following misconduct:3.5(b): Communicating ex parte with a judge during a proceeding unless authorized to do so by law or court order.Discipline: Having carefully considered the parties’ submissions, we conclude that under the circumstances of this case a public reprimand is the appropriate discipline. For Respondent’s professional misconduct, the Court imposes a public reprimand.
8.4(d): Engaging in conduct prejudicial to the administration of justice.
8.4(f): Assisting a judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.
Posted by Marcia Oddi on November 5, 2015 11:44 AM
Posted to Ind. Sup.Ct. Decisions