Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
Indiana Attorney General Todd Rokita and the disciplinary commission, which has accused him of violating Indiana’s professional conduct rules for lawyers, have agreed on a mediator who will try to help them settle the case and avoid a public hearing.
In a Tuesday filing obtained from the Indiana Supreme Court, the parties announced they had selected James Riley Jr., of counsel for Indianapolis-based firm Riley Bennett Egloff LLP, to help resolve their long-running bitter dispute over the ethical boundaries of Rokita’s fiery political language.
Riley is described in a bio on his law firm’s website as an “experienced neutral,” having served as a mediator in the Indianapolis Bar Association’s Settlement Week Program and currently working as a mediator in commercial and business cases.
He has represented manufacturers, insurers, financial institutions and other businesses in litigation at state and federal trial and appellate courts.
Last month, a three-person panel appointed to hear the case strongly encouraged Rokita and the disciplinary commission to reach an agreement through mediation—an uncommon approach in attorney discipline matters—giving them three potential mediators to choose from.
They also were given until Oct. 6 to reach an agreement or else head to a public hearing set for December.
The commission has accused Rokita of misleading the Indiana Supreme Court when he signed a conditional agreement accepting responsibility for his actions in an earlier disciplinary case and then making what the commission considered to be contradictory public statements.
Ryan Shouse, an attorney for Rokita, said it’s encouraging that the state supreme court and the hearing panel have pointed the parties toward mediation, but he still had some criticism for the disciplinary commission.
“The Disciplinary Commission has devoted substantial time and resources effectively seeking a do-over of a resolved matter, all based on an accurate press release issued by an elected Attorney General to his constituents,” Shouse said an email. “The process is the punishment here. Nevertheless, this AG remains committed to fighting overreach, promoting governmental transparency, and protecting free speech.”
Staff representing the disciplinary commission did not immediately respond to The Indiana Lawyer’s request for comment.
If the parties reach a voluntary agreement through mediation, the state supreme court would still have to agree to it—similar to a conditional agreement typically reached in attorney discipline matters without the aid of a mediator.
But if no agreement is reached, then the commission and Rokita would head to a Dec. 18 public hearing.
The other options for mediator provided by the hearing panel were retired Indiana Supreme Court Justice Steven David and civil mediator Patricia McCrory of Harrison Moberly.
Please enable JavaScript to view this content.