ILNews

Lawyer resigns over adding fee requirement to plea deal

Back to TopCommentsE-mailPrintBookmark and Share

An Indianapolis attorney who ran for elected office multiple times has resigned from the bar rather than face a disciplinary charge that he added a demand for a fee to a client’s proposed criminal plea agreement.

The Indiana Supreme Court issued an order May 8 accepting the resignation of Todd Woodmansee and concluding his discipline case, 49S00-1305-DI-347. The order says Woodmansee tendered a resignation that requires “acknowledgement that the material facts alleged are true” and that Woodmansee couldn’t successfully defend himself if prosecuted by the Disciplinary Commission.

Woodmansee represented Joshua Griffin, who was charged with Class D felony domestic battery and numerous misdemeanors. Woodmansee agreed to take the case on a $1,000 flat fee according to the verified petition, but upon later learning that Griffin was on probation for an earlier similar conviction, the attorney agreed to represent him on that matter for an additional $750.

Some time later, a deputy prosecutor emailed Woodmansee a proposed plea bargain that included a clause reading, “Defendant agrees guilty plea herein is a violation of defendants’ probation … therefore, probation is hereby revoked under that cause and terminated unsuccessfully, case closed.”

But the petition in Woodmansee’s disciplinary case alleged that he forwarded the agreement to Griffin in an email, adding these words at the end of the clause: “upon defendant paying costs of $750 through his attorney to the probation department.”

“The term of the $750 payment to probation was not in the original plea agreement sent from the prosecutor and was not intended to go toward any probation costs,” the petition reads. “Instead, (Woodmansee) added this term as a pretense to obtain the additional $750 that his client had originally stated he would pay.”

Griffin pleaded guilty to two misdemeanors and was sentenced to time served and an additional 319 days of probation.

Woodmansee had filed for the Democratic Party’s nomination for Superior Court judge in last week’s primary, but he withdrew from the race in January. He previously ran for City-County Council in 2011 and Warren Township Small Claims Court judge in 2009, according to the Marion County Clerk’s Office.

ADVERTISEMENT

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

ADVERTISEMENT