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Attorney reprimanded for response to harassing calls

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The Indiana Supreme Court has publicly reprimanded an Indianapolis attorney who responded to harassing phone calls and pre-recorded messages to her unlisted phone number by asking a company representative if he was “gay” or “sweet.”

In the May 7 order that was posted online Monday, the justices unanimously imposed a public reprimand against attorney Stacy L. Kelley, who’s been practicing since 1996. This is her first disciplinary action, according to the order and state Roll of Attorneys.

In June 2008, Kelley began receiving persistent calls and pre-recorded messages on her unlisted phone number from a company asking for someone by the name of her husband. The couple agreed that Kelley would call the toll-free number left in the messages, according to the court’s order. She called and spoke with a male representative and identified her husband as her client. She then noted what she thought was a “feminine-sounding voice” and gratuitously asked the representative if he was “gay” or “sweet,” the order says. After the company representative commented on the unprofessional nature of her question, the phone conversation ended abruptly.

Mitigating facts are that Kelley had no prior disciplinary history, she fully cooperated with the Disciplinary Commission, she had a history of providing service to the legal profession, her comments were made after enduring harassing phone calls to her home, and she demonstrated her remorse by apologizing to the company representative.

The court found that the parties agree that Kelley violated Indiana Professional Conduct Rule 8.4(g), which prohibits engaging in conduct, in a professional capacity, that manifested bias or prejudice based upon sexual orientation, and this conduct was not legitimate advocacy.
 

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  • bad decision
    This is a bad decision. This impinges the lawyer's free speech in favor of another aggrieved group. Used to be lawyers were for individual rights. Now its powerful groups versus individuals with lawyers rights trampled right along the way.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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