Opinion
Supreme Court Case No. 21S-DI-325
11-02-2021
In the MATTER OF: Carla J. GINN, 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 "Statement of Circumstances and Conditional Agreement for Discipline" stipulating agreed facts and proposed discipline as summarized below.
Stipulated Facts: At all relevant times, Respondent was dating "Father." In November 2018, Respondent began representing Father in an estate matter. In January 2019, Respondent began representing "Son 1" as second chair in two criminal matters, and by March 2019 she was representing Son 1 in all his pending criminal matters as well as a parenting time matter. In January 2020, Father was arrested after an altercation with Son 1 and "Son 2," charged with 13 felony counts, and ordered to have no unauthorized contact with Sons 1 and 2. Despite Son 1 being listed as a victim, Respondent filed an appearance on Father's behalf. For the next several months, Respondent continued to represent both Father and Son 1, including at one point attempting to modify a no-contact order to allow Son 1 to work for Father. Respondent withdrew from Son 1's representation in July 2020 but did not withdraw from Father's representation until August 2021.
Violations: The parties agree that Respondent violated these Indiana Professional Conduct Rules prohibiting the following misconduct:
1.3: Failing to act with reasonable diligence and promptness.
1.7: Representing a client when the representation involves a concurrent conflict of interest.
1.16(a): Failing to withdraw from representation when the representation will result in violation of the Rules of Professional Conduct or other law.
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 $270.96 by check made payable to the Clerk of the Indiana Supreme Court and transmitted to the Roll of Attorneys Administrator in the Office of the Clerk of the Indiana Supreme Court. Upon receipt, the Clerk is directed to disburse those funds as follows: (1) $20.96, payable to the Commission as reimbursement for investigative expenses incurred; and (2) $250.00, payable to the Clerk for court costs. The expenses of the hearing officer will be submitted separately.
With the acceptance of this agreement, the hearing officer appointed in this case is discharged with the Court's appreciation.
All Justices concur.