Opinion
Supreme Court Case No. 20S-DI-628
03-31-2022
In the MATTER OF: Andreas T. KYRES, 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: "Opposing Party," represented by "Opposing Counsel," sought a protective order against Respondent's client and another individual. During a hearing in the matter, Respondent alleged that he had evidence showing that Opposing Counsel had a sexual relationship with the police sergeant who had handled Opposing Party's report and the subsequent investigation. In a continuation of the hearing a few days later, Respondent made a statement that he "had a source" for his allegation.
Violation: The parties agree that Respondent violated Indiana Professional Conduct Rule 4.4(a), which prohibits using means in representing a client that have no substantial purpose other than to embarrass, delay, or burden a third person.
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. With the acceptance of this agreement, the hearing officer appointed in this case is discharged with the Court's appreciation.
All Justices concur.