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Attorney suspended for taking client’s children from school for hours

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A Morgan County attorney who picked up children from school on behalf of their father, who she was representing, and drove them around for several hours without notifying the custodial mother was suspended for six months.

The Indiana Supreme Court ordered Cecelia Hemphill of Martinsville suspended from the practice of law effective Sept. 7 without automatic reinstatement.

According to the court’s order, Hemphill said she concluded that the mother’s boyfriend had molested her client’s 8-year-old daughter and needed to speak to the child and her brother alone.

Hemphill went to the child’s school and told the secretary that if the father had the right to pick them up, the secretary had to release them to her because she was his attorney and he asked her to pick up the children, according to the discipline order. The secretary refused at first but felt intimidated and eventually relented, the order said. She became worried and notified the school superintendent, who told the Morgan County sheriff.

“When the sheriff told mother what had happened, she was terrified and became more upset as the evening wore on,” the order said.

Hemphill called the children’s sitter and said she had the children and was meeting the father for dinner with the kids but didn’t say where she or the children were, according to the order. After that dinner, the father left and the children stayed with Hemphill.

Hemphill “drove with the children through the back roads around Martinsville, looking for a birthday party (the daughter) had been invited to attend, relying on the children for directions. (Hemphill’s) cell phone had died and she was low on gas,” according to the order. Despite stopping at several houses, Hemphill couldn’t locate the party and returned the children to their mother at about 8:45 p.m., about six hours after taking them from school.

The court concluded that Hemphill violated Rules of Professional Conduct 4.4(a): using means in representing a client that have no substantial purpose other than to embarrass, delay, or burden a third person; and 8.4(d): engaging in conduct prejudicial to the administration of justice.

“No legitimate purpose was served by … insisting that the secretary release the children from school and driving them around for several hours without telling mother where they were,” the order stated. It said Hemphill “lacks any insight into why her conduct was wrong, maintaining that she did the right thing because she was serving a higher purpose of protecting the safety of the children. Convincing evidence was presented that this incident was not an isolated lapse.”

“Indiana has laws and procedures to deal with allegations of abuse, as well as agencies specifically designed to, charged with, and trained to deal with such allegations,” the order said, noting that Hemphill “took matters into her own hands and acted precipitously in disregard for the laws and agencies designed to deal with allegations of child abuse.”

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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