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‘Illegal alien’ remark leads to attorney’s suspension; case involves embattled judge

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Representing a father in a child visitation dispute, a Martinsville lawyer’s letter to opposing counsel alleging the mother was an illegal alien resulted in a 30-day suspension.

The judge who served as the Disciplinary Commission’s hearing officer in attorney Joseph B. Barker’s case separately is facing a suspension request for charges alleging she, too, made unprofessional remarks, among other things. One of the 45 counts against that judge concerns a charge that was she almost a year late with findings in this disciplinary case.

The Indiana Supreme Court on Friday posted an order suspending Barker for 30 days. According to the order, Barker sent the attorney and presiding judge in a divorce case a letter in 2009 that read:

“[Father] told me this week that he has only seen his baby … one day all year. Your client doesn't understand what laws and court orders mean I guess. Probably because she's an illegal alien to begin with.

“I want you to repeat to her in whatever language she understands that we'll be demanding she be put in JAIL for contempt of court.

“I'm filing a copy of this letter with the Court to document the seriousness of this problem.”

Barker violated Rules of Professional Conduct 4.4(a) and 8.4(g), the court ruled.

“Respondent argues that it was legitimate advocacy to connect Mother’s alleged violation of immigration laws with her violation of Father’s court-ordered visitation rights. However, regardless of the frustration Respondent might have felt in the circumstances, we conclude that accusing Mother of being in the country illegally is not legitimate advocacy concerning the legal matter at issue and served no substantial purpose other than to embarrass or burden Mother,” Chief Justice Brent Dickson wrote for the court.

The order cited Barker’s lack of disciplinary history as a mitigating factor, but “the Respondent’s misconduct is aggravated by the fact that he has no insight into his misconduct, he has not apologized to Mother, and he has substantial experience in the practice of law. Under these circumstances, the Court concludes that a period of suspension is required.”

Barker’s suspension is effective Oct. 14, and he will be automatically reinstated. Costs of the proceeding are assessed to him.

The verified complaint against Barker was filed in August 2009, and Marion Superior Judge Kimberly Brown was appointed hearing officer a month later. Brown’s findings and recommendations were filed in June of this year.

Brown is the subject of a 45-count complaint from the Judicial Qualifications Commission replete with allegations of conduct that she treated public defenders, clerks’ office staff and some private attorneys in “a rude and discourteous manner and created “a hostile environment for attorneys, court staff, clerks, and other court officials.” Among the most serious charges facing Brown are accusations she wrongly jailed at least nine defendants for 1 to 22 days, among other things.

But one of the counts concerns Barker’s case, noting that disciplinary counsel asked Brown in December 2012 when findings might be submitted to the court. Barker’s hearing had taken place more than seven months earlier.

“On April 3, 2013, another attorney employed with the Disciplinary Commission requested a status conference on the matter, which (Brown) never attended,” according to the charges against her.

An attorney discipline hearing officer is required by rule to file a report with findings and conclusions within 30 days of the conclusion of the hearing, according to the charges against Brown. She “did not issue findings until June 7, 2013, more than thirteen (13) months after the hearing was conducted,” the charges say.





 

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  • yes other states do this too
    yes bryan this is a trend in law. and not only Indiana case, but as the issue of this not being in the course of representation, also look at in matter of Kelley 925 ne2d 1279 about calling somebody gay. OOPS I called somebody gay (which supposedly is not even pejorative anymore) now I may get a reprimand. Another case of excessive rule overreach. I hvent read in matter of thomsen, 837- 1011, but that's about racial bias supposedly. Also there is a Pennsylvania case where a pigeon shooter called a woman animal rights advocate a vulgar name and supposedly that was a basis for 8.4 spanking too. IMPURE THOUGHTS BRYAN! here is a LTE I found online following an editorial about this case. the LTE presents the feminist "POV." http://www.sharkonline.org/index.php/pigeon-shoots/53-pennsylvania/445-lawyer-s-vulgar-slur-towards-women-is-unworthy-of-the-profession
  • John, you meant this case
    In re Campiti , 937 N.E.2d 340 (Ind. 2009) (Lawyer was given a public reprimand for violation of Rule 8.4(g) [national origin and socioeconomic status] after making repeated disparaging remarks that a mother was not a U.S. citizen and was receiving legal services at no charge.)
  • Only in Indiana?
    Where else but Indiana could a private letter between attorneys using that term cause an attorney (not large law firm connected, I would bet) to be benched, the goal no income, for a month? Anyone know of any other state that treats its "officers of the court" in such a manner?
  • incomprehensible
    Maybe its just me but how is this not legit advocacy. Illegal aliens are in a state of perpetual lawbreaking by their presence here. They can be deported. Both their lawbreaking and their risk of deportation have profound effects on personal choices. I hear laments about this all the time on NPR about how much they suffer because of our horrible evil "laws." And yet lawyers are not supposed to take notice of the real impact of this lawbreaker status for their clients best interests? That's not "legit advocacy" even though it's relevant to all the core legal issues a family lawyer has to often handle, and a major factor in all choices that a parent is making? On the one hand we are supposed to be compassionate to illegal aliens and be mindful of their quandry, and then on the other hand we are supposed to ignore their quandary when it is a factor in other lawbreaking behavior. We are supposed to ignore matters of LAW which are obviously relevant and germane even though we are LAWYERS and it is in our clients' interests, because why? Because the CAPOS SAY SO THATS WHY. Because they don't like certain laws, that's why. They think the poor unwashed masses of anti-immigration protesters and congressman are bigots, and they're above it, and they have the power to dictate lawyer speech so they are going to dictate it and use the sledgehammer of 8.4 to scare people. Wow. PS good reporting about the nexus to the Baker problem. PPS Gee this is the kind of thing that gets attention when a crook like Conour gets the kid glove treatment. Wow wow wow.
  • dangerous trend
    it seems that some of our speech-cops in black no longer think they have any difficulties in determining what is "legitimate advocacy" I read a fair discussion in don lundberg's discussion in res gestae june 2010 about this trend. he weighs the impelmentation of the rule which goes back to 2002. Unfortunately he concludes the article with approval of the overbroad use of 8.4g by comparing it to "disapproval by professional peers." Well guess what, the Supremes are not our peers they are ABOVE us. They are the third branch of Indiana government taking our license away because they didn't like the CONTENT of our speech. A lot of good the private citizens who are non-lawyers will have trying to protect their free speech rights in court, if all the lawyers are already castrated from dissent ab-initio. btw in re campiti is 905 ne2d 408 (2009) some of you complacent lawyers out there who never beefed about this or said a word to anybody before, ought to wake up because sooner or later it will be your ox that gets gored.
  • so much for free speech.
    Its another blatant overuse of 8.4 which is wide enough to drive a truck through it. What's next, suspensions for lawyers who fail to use "gender-neutral" English? Preposterous. But-- I'll keep my comments anonymous, since I know that they speech-commissars will come with punishment for me too if they know that I've criticized them. So much for that crazy first amendment thingee! The justices and the phony free speech advocates don't give a damn about free speech unless it's speech they like. Might as well go back to being part of the United Kingdom. Better ruled by tyrants farther away then ones in our backyards.
  • wrong again
    Same result as Campiti. Which was wrong then and wrong now. It is definitely legitimate advocacy in a divorce dispute if one of the parties is an illegal alien. Its totally relevant and touches about every single issue one could imagine from child support to custody to spousal maintenance. This result is naked political correctness and the Emperor has no clothes. The courts are making a laughingstock out of themselves with this. I can hardly believe these Justices who have made so many fine decisions have gone agley on this one.

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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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