In the Matter of Robison

Indiana Supreme Court

In the Matter of Robison

856 N.E.2d 1202, 2006 Ind. LEXIS 1044, 2006 WL 3392731

CourtIndiana Supreme Court

DecidedNovember 20, 2006

Docket22S00-0610-DI-361

StatusPublished

This text of 856 N.E.2d 1202 (In the Matter of Robison) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In the Matter of Robison, 856 N.E.2d 1202, 2006 Ind. LEXIS 1044, 2006 WL 3392731 (Ind. 2006).

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Opinion

ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE

Pursuant to Ind. Admission and Discipline Rule 28, Section 11, the Indiana Supreme Court Disciplinary Commission and the respondent have submitted for approval a Statement of Circumstances and Conditional Agreement for Discipline stipulating agreed facts and proposed discipline as summarized below:

Facts: Respondent represented the husband in a dissolution of marriage ac *1203 tion. The husband and wife had separated in early February 2005, with the wife remaining in the marital residence. On February 14, 2005, respondent filed a dissolution petition along with a motion for a restraining order. The motion was unverified and alleged the residence belong to husband and that wife had a history of destroying property, drinking and verbal abuse. The motion sought wife's removal from the residence. Wife, who was unrepresented by counsel, was not notified of the filing. Further, the motion failed to include a certification of the efforts made to notify the wife, or why notice should not be given. The judge signed the Order and the Sheriff removed the wife from the residence without giving her an opportunity to take her possessions.

Violations: Respondent's conduct violated Ind. Professional Conduct Rule 3.5(b), which prohibits ex parte communication with a judge.

Discipline: Public reprimand.

The Court, having considered the submission of the parties, now APPROVES and ORDERS the agreed discipline. Costs of this proceeding are assessed against the respondent. The Court further finds that with the acceptance of this agreement the hearing officer appointed in this case is discharged.

The Clerk of this Court is directed to forward a copy of this Order to the hearing officer and in accordance with the provisions of Admis.Disc.R. 28, Section 3(d).

All Justices concur.

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ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE

Pursuant to Ind. Admission and Discipline Rule 28, Section 11, the Indiana Supreme Court Disciplinary Commission and the respondent have submitted for approval a Statement of Circumstances and Conditional Agreement for Discipline stipulating agreed facts and proposed discipline as summarized below:

Facts: Respondent represented the husband in a dissolution of marriage ac *1203 tion. The husband and wife had separated in early February 2005, with the wife remaining in the marital residence. On February 14, 2005, respondent filed a dissolution petition along with a motion for a restraining order. The motion was unverified and alleged the residence belong to husband and that wife had a history of destroying property, drinking and verbal abuse. The motion sought wife's removal from the residence. Wife, who was unrepresented by counsel, was not notified of the filing. Further, the motion failed to include a certification of the efforts made to notify the wife, or why notice should not be given. The judge signed the Order and the Sheriff removed the wife from the residence without giving her an opportunity to take her possessions.

Violations: Respondent's conduct violated Ind. Professional Conduct Rule 3.5(b), which prohibits ex parte communication with a judge.

Discipline: Public reprimand.

The Court, having considered the submission of the parties, now APPROVES and ORDERS the agreed discipline. Costs of this proceeding are assessed against the respondent. The Court further finds that with the acceptance of this agreement the hearing officer appointed in this case is discharged.

The Clerk of this Court is directed to forward a copy of this Order to the hearing officer and in accordance with the provisions of Admis.Disc.R. 28, Section 3(d).

All Justices concur.

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Bluebook (online)

856 N.E.2d 1202, 2006 Ind. LEXIS 1044, 2006 WL 3392731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-robison-ind-2006.