Discipline inconsistencies

September 21, 2010
Back to TopCommentsE-mailPrintBookmark and Share

An Indiana attorney’s discipline case is making national news to show the disparity in discipline around the country involving substance abuse.

The National Law Journal’s Sept. 20 article on discipline for substance-abusing attorneys compares the case of Peter Katic – a northern Indiana attorney who appeared in court drunk, and in a separate matter pleaded guilty to Class C misdemeanor OWI – to cases involving attorneys from Florida, Iowa, and New Hampshire.

Katic, who had two prior disciplinary actions while he was a judge, was suspended for 180 days but that suspension was stayed to probation as long as he meets all the requirements of his monitoring agreement with the Judges and Lawyers Assistance Program.

The New Hampshire attorney, who admitted he was an alcoholic, was disbarred after taking a case that he failed to pursue. He also hid from his client that the case had been dismissed. The Iowa attorney, who also described himself as an alcohol abuser, took a client’s money and abandoned a divorce case. His license was suspended. The Florida attorney was disbarred after he pleaded guilty to a 2004 drug-trafficking charge. The attorney had been drug and alcohol free for six years at that point.

A case could be made based on these examples for more transparency and uniformity across the country in discipline cases. This could also be said for our state.

What are your thoughts on discipline here and around the country? Are we too tough or lenient on our attorneys and should we have more uniform discipline?

ADVERTISEMENT
  • Apples and Oranges
    It strikes me that your are comparing apples and oranges. The charges against the Iowa, Florida, and New Hampshire attorneys went beyond substance abuse and seem much more serious than the charge against the Indiana lawyer. These examples do not prove that Indiana is too lenient.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

ADVERTISEMENT