Opinion
No. 679 S 150.
February 29, 1980.
ORDER APPROVING CONDITIONAL AGREEMENT AND IMPOSING PUBLIC REPRIMAND
Comes now the Disciplinary Commission of the Supreme Court of Indiana and George M. Fisher, Respondent in this cause and, pursuant to Admission and Discipline Rule 23, Section 11(d), tender to this Court a "Statement of Circumstances and Conditional Agreement for Discipline," which agreement more fully appears in words and figures as follows, to-wit:
(H.I.)
And this Court, being duly advised, now finds that Respondent accepted private employment on behalf of a client in a child custody dispute involving several legal proceedings, including a criminal prosecution for criminal confinement and petition to establish paternity instituted by Respondent's client against the alleged father. While thus privately employed, Respondent was also employed as deputy prosecutor in the same county. By engaging in such conduct, Respondent accepted private employment in a matter in which he had substantial responsibility as a public employee and violated D.R. 9-101(B) of the Code of Professional Responsibility.
This Court finds that, under the circumstances of this case, the agreed discipline, a public reprimand, is appropriate. This Court also finds that Respondent has complied with the requirements of Admission and Discipline Rule 23, Section 17(a) by delivering to this Court the requisite affidavit.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED by this Court that the Conditional Agreement for Discipline tendered in this cause is now accepted and approved; and, in accordance with such agreement, the Respondent, George M. Fisher, by reason of the violation of the Code of Professional Responsibility noted above, is to be given a public reprimand. Respondent is ordered to appear before this Court on the twenty-seventh (27th) day of March, 1980, at 1:00 p.m., at the Supreme Court Chambers for a public reprimand.
IT IS FURTHER ORDERED that prior to said appearance, Respondent shall pay to the Clerk of this Court the costs of these proceedings. The Clerk of this Court shall forward a copy of this Order to the parties in this action.
All Justices concur.