Published Order Approving Statement of Circumstances and Conditional Agreement for Discipline
Pursuant to Indiana Admission and Discipline Rule 23(12.1)(b), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a “Statement of Circumstances and Conditional Agreement for Discipline” stipulating agreed facts and proposed discipline as summarized below.
Stipulated Facts: Respondent represented “Client” in a criminal direct appeal. In the appellants brief Respondent filed on Clients behalf, the statement of facts consisted of a single sentence that failed to address the facts relevant to the issue raised. Further, Respondents substantive argument largely consisted of two sentences that lacked cogent reasoning and citations to the record. The Court of Appeals accordingly held Clients sole appellate claim was waived, noting that Respondents brief was “woefully inadequate” and “essentially made no argument at all.”
Violations: The parties agree that Respondent violated these Indiana Professional Conduct Rules prohibiting the following misconduct:
1.3: Failing to act with reasonable diligence and promptness.
8.4(d): Engaging in conduct prejudicial to the administration of justice.
Discipline: The parties propose the appropriate discipline is a public reprimand. The Court, having considered the submissions of the parties and Respondents lack of prior discipline, now approves the agreed discipline and imposes a public reprimand for Respondents misconduct.
The costs of this proceeding are assessed against Respondent. With the acceptance of this agreement, the hearing officer appointed in this case is discharged with the Courts appreciation.
All Justices concur.