60 N.E.3d 1021
Ind.2016Background
- Harold E. Bean, admitted to the Indiana bar in 1974, was the elected Clerk-Treasurer of Warren Park.
- In 2014 Bean wrote dozens of checks to himself, stealing $20,800 from the Town.
- He pled guilty to theft and official misconduct (Class D felonies) and has been under interim suspension since October 7, 2015.
- The Disciplinary Commission charged Bean with violating Ind. Prof. Cond. R. 8.4(b) (criminal acts reflecting adversely on honesty, trustworthiness, or fitness).
- A hearing officer found violations and recommended disbarment; no party petitioned for review of the hearing officer’s findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bean violated Prof. Cond. R. 8.4(b) by committing criminal acts that reflect adversely on fitness as a lawyer | Commission: Bean’s theft and convictions demonstrate criminal acts reflecting adversely on honesty, trustworthiness, and fitness | Bean: Accepted responsibility, cited gambling addiction and rehabilitation efforts; urged sanction short of disbarment | Court adopted hearing officer—Bean violated Rule 8.4(b) |
| Appropriate sanction for the misconduct | Commission: Seriousness of crimes and public-office misconduct warrant severe discipline up to disbarment | Bean: Requested a sanction less than disbarment given his acceptance of responsibility and treatment efforts | Court imposed disbarment, citing seriousness, public trust harms, and Bean’s prior discipline |
Key Cases Cited
- Matter of White, 54 N.E.3d 993 (Ind. 2016) (criminal conduct by an attorney in public office undermines public trust)
- Matter of Gutman, 599 N.E.2d 604 (Ind. 1992) (same principle regarding public-office misconduct)
- Matter of Philpot, 31 N.E.3d 468 (Ind. 2015) (theft and fraud by an elected official resulted in extended suspension without automatic reinstatement)
- Matter of Hughes, 640 N.E.2d 1065 (Ind. 1994) (disbarment of a judge convicted of theft and official misconduct)
- Matter of Willardo, 493 N.E.2d 466 (Ind. 1986) (disbarment where an elected official diverted county funds)
- Matter of Bean, 53 N.E.3d 402 (Ind. 2015) (prior interim suspension order in this matter)