Aungst, Matter of, No. 481S118

Docket NºNo. 481S118
Citation467 N.E.2d 698
Case DateSeptember 04, 1984
CourtSupreme Court of Indiana

Page 698

467 N.E.2d 698
In the Matter of Ronald V. AUNGST.
No. 481S118.
Supreme Court of Indiana.
Sept. 4, 1984.

Ronald V. Aungst, pro se.

William G. Hussman, Jr., Greg M. Fudge, Staff Attys., Indianapolis, for the Indiana Supreme Court Disciplinary Comm'n.

PER CURIAM.

The Respondent, Ronald V. Aungst, has been charged by a Verified Complaint for Disciplinary Action with three counts of misconduct. A hearing officer appointed by this Court pursuant to A.D. Rule 23, has conducted a hearing and submitted his findings of fact and conclusions of law. The Respondent now seeks review of the same, challenging primarily the conclusions of misconduct.

Page 699

We have examined all matters presented here for review and now find generally that Ronald V. Aungst was admitted to the Bar of this State in 1963 and thusly is subject to the professional disciplinary authority of this Court.

Under Count I of the complaint, the Respondent is charged with failing to preserve the trust res of a testamentary trust of which he had been appointed trustee; with failing to promptly pay a distributive share to a ward of the trust; and with attempting to make such distribution by drawing checks on accounts with insufficient funds, all in violation of Disciplinary Rules 1-102(A)(5)(6), 9-102(A) and 9-102(B)(4) of the Code of Professional Responsibility for Attorneys at Law.

Upon review, this Court now finds that on October 5, 1965, the Respondent was appointed the trustee of a guardian trust established in 1960 in the probated estate of Doyle C. York, deceased. The trust conferred upon the trustee the duty to distribute pro rata shares to decedent's children upon their attainment of majority. Upon appointment, the Respondent deposited the trust res, approximately $11,006.06, in an interest bearing account at First Federal Savings and Loan Association of Valparaiso, Indiana. On January 4, 1971, the Respondent withdrew $6,600 from this account without permission or order of either the Porter Superior Court, where the guardianship was filed, or of the wards of said trust. On the same date, he deposited the withdrawn funds into the Ronald V. Aungst Trust Account at the First National Bank of Valparaiso, Indiana. Immediately after said deposit, the balance in the Aungst trust account was $8,622.64. The Respondent thereafter withdrew money out of the Aungst trust account in January, 1971, causing the balance in said account to become $691.34 at the end of January, 1971. He used the money from the Aungst trust account in payment of his law office expenses. At the end of January, 1971, five children remained as wards of the guardianship and maintained expectations of payment of their distributive shares under the trust. None of the money withdrawn in January, 1971, from the trust res was withdrawn for the intended purpose of payment or distribution to, or for the benefit of, any of the York children as wards under the trust.

On January 14, 1980, the Respondent petitioned the Porter Superior Court for permission to distribute the remaining share of the trust res, $1,501.20, to Diana M. York, the youngest, surviving child and to subsequently close the guardianship trust. On January 14, 1980, the Porter Superior Court ordered the Respondent, as guardian, to so distribute the trust res and subsequently ordered the York guardianship closed.

Diana M. York contacted the Respondent on numerous occasions in an attempt to obtain her distributive share, and, on each occasion, the Respondent either failed to return her calls, failed to respond to or acknowledge correspondence, or represented that her distributive share would be forthcoming.

Approximately 11 months after the Porter Superior Court had ordered final distribution of the guardianship trust, the Respondent sent to Diana M. York, a check drawn on his trust account with the First National Bank of Valparaiso, Indiana. The check, upon being presented twice, was returned by the Bank due to insufficient funds in the account. On December 26, 1980, the Respondent met with Diana York in his law office and offered another check in the same amount and drawn on the same account. This check was also refused due to insufficient funds. The Respondent then offered...

To continue reading

Request your trial
8 practice notes
  • Miller v. Anderson, No. 3:99 CV 258 AS.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • June 19, 2000
    ...2196. 6. One might be tempted, in contemplating the effectiveness of Miller's counsel, Ronald V. Aungst, to focus solely on In re Aungst, 467 N.E.2d 698 (Ind.1984), in which Aungst was disbarred, and In re Aungst, 553 N.E.2d 1200 (Ind.1990), in which Aungst was reinstated to the bar on May ......
  • Smith, Matter of, Nos. 18S00-8802-DI-255
    • United States
    • Indiana Supreme Court of Indiana
    • June 13, 1991
    ...state a minimum level of conduct below which no lawyer can fall without being subject to disciplinary action. In re Aungst (1984), Ind., 467 N.E.2d 698. This Court has often held that the discipline of a member of the Bar of this state is independently determined from any other proceeding. ......
  • Cates v. Superintendent, Indiana Youth Center, No. 90-3009
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • December 11, 1992
    ...another's. We also note that Ronald Aungst has been disbarred for various breaches of his professional duties. Matter of Aungst, 467 N.E.2d 698, 701 (Ind.1984). Moreover, we reaffirm our view that negotiating a plea agreement for one client with a condition that he testify against another c......
  • Hailey, Matter of, No. 982S332
    • United States
    • Indiana Supreme Court of Indiana
    • February 5, 1985
    ...to continue in the profession or be reinstated at some future date. In re Ewers (1984), Ind., 467 N.E.2d 1184; In re Aungst (1984), Ind. 467 N.E.2d 698; In re Welke (1984), Ind., 459 N.E.2d 725; In re Callahan (1982), Ind., 442 N.E.2d 1092; In re Gorman (1978), 269 Ind. 236, 379 N.E.2d The ......
  • Request a trial to view additional results
8 cases
  • Miller v. Anderson, No. 3:99 CV 258 AS.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • June 19, 2000
    ...2196. 6. One might be tempted, in contemplating the effectiveness of Miller's counsel, Ronald V. Aungst, to focus solely on In re Aungst, 467 N.E.2d 698 (Ind.1984), in which Aungst was disbarred, and In re Aungst, 553 N.E.2d 1200 (Ind.1990), in which Aungst was reinstated to the bar on May ......
  • Smith, Matter of, Nos. 18S00-8802-DI-255
    • United States
    • Indiana Supreme Court of Indiana
    • June 13, 1991
    ...state a minimum level of conduct below which no lawyer can fall without being subject to disciplinary action. In re Aungst (1984), Ind., 467 N.E.2d 698. This Court has often held that the discipline of a member of the Bar of this state is independently determined from any other proceeding. ......
  • Cates v. Superintendent, Indiana Youth Center, No. 90-3009
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • December 11, 1992
    ...another's. We also note that Ronald Aungst has been disbarred for various breaches of his professional duties. Matter of Aungst, 467 N.E.2d 698, 701 (Ind.1984). Moreover, we reaffirm our view that negotiating a plea agreement for one client with a condition that he testify against another c......
  • Hailey, Matter of, No. 982S332
    • United States
    • Indiana Supreme Court of Indiana
    • February 5, 1985
    ...to continue in the profession or be reinstated at some future date. In re Ewers (1984), Ind., 467 N.E.2d 1184; In re Aungst (1984), Ind. 467 N.E.2d 698; In re Welke (1984), Ind., 459 N.E.2d 725; In re Callahan (1982), Ind., 442 N.E.2d 1092; In re Gorman (1978), 269 Ind. 236, 379 N.E.2d The ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT