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Attorney discipline process goes public

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Ohio attorney Derek Farmer watched in silence Oct. 24 as opposing lawyers described him to the Indiana Supreme Court as two starkly different people. Accused of the unauthorized practice of law in Indiana, he had asked for this.

The usually confidential proceedings of the Indiana Supreme Court Disciplinary Commission were on full display in this case, “the type of which we rarely see in this court,” Chief Justice Brent Dickson acknowledged at the outset of oral arguments granted at Farmer’s request in State of Indiana ex rel Indiana Supreme Court Disciplinary Commission v. Derek Farmer, 94S00-1103-MS-165.
 

farmer-derek-mug.jpg Farmer

Little is common about the matter or about Farmer. He’s courted controversy since being admitted to practice law in Ohio. He was convicted as a young accomplice in the 1974 murder of a civil-rights figure and a Dayton police officer. Farmer was 16 at the time and running with an 18-year-old relative who pulled the trigger in both killings after the pair robbed a jewelry store.

Farmer, who deferred comment to his attorney, Ice Miller LLP partner Mary Nold Larimore, used his 18 years in prison to study, and he committed to turning his life around. In 1999, he became the only attorney in Ohio admitted after a conviction in connection with a murder.

Before the Supreme Court, Larimore questioned why Indiana was trying to sanction Farmer for the same alleged violation that Ohio’s attorney discipline agency declined to pursue: accusations that he engaged in the unauthorized practice of law. “Indiana should respect the process in Ohio,” she said. The disciplinary commission began its investigation in March 2011.

Larimore said Farmer had been vouched for by prominent Ohio legal figures who attested to the quality of his work. Character testimony on his behalf was given to the Indiana Disciplinary Commission by Walter Herbert Rice, senior judge in the U.S. District Court for the Southern District of Ohio in Dayton; and by Dayton attorney David C. Greer.

“(Greer’s) belief is that many of the – I believe he called them ‘tin cans’ – that had been attached to Derek over the years are indeed as a consequence of his past and as a consequence of his race,” Larimore argued to the justices.

In a phone interview, Greer acknowledged saying as much to the commission. “I can’t think of any other legitimate reason for (Farmer’s case) to move forward,” he said.

‘Safe harbor’ at issue

Farmer is accused of violating Rule of Professional Conduct 5.5 that requires out-of-state attorneys to register in Indiana to practice in the state. At issue is what constitutes the practice of law and whether the location of that practice makes a difference.

“He has engaged in the unauthorized practice of law by representing an Indiana inmate on a post-conviction relief matter in Delaware County for a period of three to four years,” disciplinary commission attorney Angie Ordway told the justices in seeking an injunction against Farmer.

Ordway made the state’s case that Farmer represented convicted murderer John Ivy on a post-conviction relief matter beginning in 2002 without ever registering. Farmer reviewed Ivy’s case but never was retained and never filed a pleading or entered an appearance, according to evidence.

Justice Robert Rucker pressed Ordway. “The fact he interviewed an inmate, interviewed witnesses, interviewed them in Indiana, those are the unauthorized practice of law?”

“He’s trying to use the ‘safe-harbor’ provision to practice for three years without ever applying,” Ordway subsequently argued.

The safe-harbor provision in Rule 5.5(c) allows attorneys to practice in multistate jurisdictions “on a temporary basis” in some circumstances.

Dickson used the hypothetical case of an out-of-state attorney doing extensive background work on an Indiana case in which there is at least a tacit understanding that the attorney would represent the client in the future. “It would be difficult for me to say that’s not practicing law in the state of Indiana,” he said to Larimore.

“The agreement was to do post-conviction work,” she said. “What (Rule 5.5) says you may do is exactly what he did here – interview clients, conduct an investigation.”

She argued that “temporary” may apply to a matter that covers a number of years, and should be read as a limited practice in a state.

Intent to practice

Farmer’s past also includes a run-in with Ohio’s attorney discipline system.

He was suspended in 2006, after most of his involvement with Ivy had concluded, when the Ohio Supreme Court found that he was overpaid for doing minimal work for two convicted murderers seeking post-conviction relief, and that he failed to refund unearned fees. Farmer was reinstated in 2007. Larimore said Farmer notified Ivy and his other clients that he had been suspended.

Along with failing to register, Indiana also has charged that Farmer violated Rule 5.5 by failing to disclose his suspension to the state when he failed to apply for pro hac vice admission. He appears to have done little or nothing on Ivy’s case during the time he was suspended, but he apparently had made arrangements to drive to Indiana to interview a witness during his suspension before deciding otherwise.

“The Disciplinary Commission stipulated he did not travel to Indiana during the period of suspension,” Larimore said. “Before the Indiana Supreme Court, they’re trying to amend the charge and say he got in a car and intended in Ohio to come to Indiana. He never left the state. If there’s an issue, it’s an Ohio issue, and it’s their belief he meets Rule 5.5.” She said the rules in both states are identical.

Ordway said, “Simply working on an Indiana case is a practice of law in Indiana, regardless of where he’s located.”

Uncivil process?

During oral arguments, Dickson admonished the commission for the manner in which it had attempted to limit evidence in Farmer’s confidential case.

“Why file a motion to strike?” he asked Ordway.

“I’m particularly troubled because it’s done by our disciplinary commission, which is supposed to set the example for civil practice,” Dickson said. “It seems to be Exhibit A for questionable civility.”

Ordway responded that she believed it was the only way to object to a particular pleading.

Justice Mark Massa asked Larimore and Ordway if the court would be setting bad precedent if it granted the state’s request for an injunction against Farmer. He wondered whether it might have a chilling effect on groups such as the Innocence Project, for instance, that investigate cases that require voluminous research that might be conducted by attorneys from other states.

“I think it would be a significantly limiting factor,” Larimore said. “I think when Ohio says that (Farmer) meets Rule 5.5, that there should be some comity there.”

Ordway disagreed. “This is not a case with far-reaching consequences,” she said. “Most lawyers don’t have disciplinary issues.” Those who do should disclose it as the admission rules require, she said, “and let a trial court decide. Don’t subvert that process and never apply.”

She also said Ohio’s disclosure requirements differ from Indiana’s, and that the Indiana Supreme Court has jurisdiction over attorney discipline. “The Ohio letter (clearing Farmer) is inconsequential,” she said, adding that support for Farmer from fellow Ohioans carries little weight.

“There’s nothing in our application rules about filing affidavits from people who think you do a good job,” she said.

Greer, the Ohio attorney who testified for Farmer before the commission, said he’s known Farmer since he graduated law school. “My motivation to testify on his behalf was in hopes of seeing fairness and justice dispensed in the state of Indiana,” he said.

Disciplinary Commission Executive Director G. Michael Witte said Farmer’s case is the first attorney disciplinary matter granted oral argument during his tenure dating to June 2010. He said he could not comment about the matter prior to a decision from the Supreme Court.•

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  • A bit harsh perhaps
    It seems to me, with the limited facts mentioned in this article, that what he was doing was nothing more than what a typical paralegal does in the state of Indiana - without a license. If indeed, what he was doing was "interview clients, and conduct an investigation” then it would seem hypocritical to consider that the unauthorized practice of law while thousands of paralegals in our State do the exact same thing every day, under protection of law.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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