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.


  • 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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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues