Opinion
Supreme Court Case No. 22S-DI-370
12-01-2022
In the MATTER OF: Andrew John CARNALL, Respondent
Published Order Approving Statement of Circumstances and Conditional Agreement for Discipline
Pursuant to Indiana Admission and Discipline Rule 23 (12.1)(b), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a "State[ment] of Circumstances and Conditional Agreement for Discipline" stipulating agreed facts and proposed discipline as summarized below.
Stipulated Facts: At all relevant times, Respondent was the Wells County elected prosecutor. In the early morning on July 2, 2022, a Wells County deputy sheriff called Respondent after pulling over Respondent's son on suspicions of operating a vehicle while intoxicated. Respondent spoke to his son, who was being belligerent and had refused a breath test, and encouraged him to cooperate with the officer. Respondent then asked to speak to the deputy sheriff again. At Respondent's request, the deputy sheriff agreed to allow Respondent to come to the scene and pick up his son, who was ultimately not arrested.
Respondent readily admitted that he acted improperly, self-reported to the Commission, and has publicly and privately apologized and taken responsibility for his actions.
Violation: The parties agree that Respondent violated Indiana Professional Conduct Rule 8.4(d), which prohibits engaging in conduct prejudicial to the administration of justice. Discipline: The parties propose the appropriate discipline is a public reprimand. The Court, having considered the submissions of the parties, now approves the agreed discipline and imposes a public reprimand for Respondent's misconduct.
The costs of this proceeding are assessed against Respondent. Pursuant to the parties’ stipulation, the Court hereby orders Respondent to pay $273.46 by check made payable and transmitted to the Clerk of the Indiana Supreme Court. Upon receipt, the Clerk is directed to disburse those funds as follows: (1) $23.46, payable to the Commission as reimbursement for investigative expenses incurred; and (2) $250.00, payable to the Clerk for court costs.
All Justices concur, except Goff, J., who did not participate in the decision of this matter.