In re Brewer, Supreme Court Case No. 18S-DI-299

• Decision Date: 16 November 2018
• Docket Number: Supreme Court Case No. 18S-DI-299
• Parties: In the MATTER OF Tia R. BREWER, Respondent.
• Court: Indiana Supreme Court

110 N.E.3d 1141

In the MATTER OF Tia R. BREWER, Respondent.

Supreme Court Case No. 18S-DI-299

Supreme Court of Indiana.

FILED November 16, 2018

NO APPEARANCE FOR THE RESPONDENT

ATTORNEYS FOR INDIANA SUPREME COURT DISCIPLINARY COMMISSION: G. Michael Witte, Executive Director Aaron Johnson, Staff Attorney

Per Curiam.

We find that Respondent, Tia R. Brewer, committed attorney misconduct by, among other things, neglecting clients' cases, failing to appear at show cause hearings, failing to withdraw from cases when her abuse of cocaine rendered her unable to assist her clients, committing a crime that reflects adversely on her fitness as a lawyer, and failing to cooperate with the disciplinary process. For this misconduct, we conclude that Respondent should be suspended for at least three years without automatic reinstatement.

The matter is before us on the report of the hearing officer appointed by this Court to hear evidence on the Indiana Supreme Court Disciplinary Commission's verified disciplinary complaint. Respondent's 2004 admission to this state's bar subjects her to this Court's disciplinary jurisdiction. See IND. CONST. art. 7, § 4.

Procedural Background and Facts

The Commission filed a "Verified Complaint for Disciplinary Action" against Respondent on May 30, 2018. After service by certified mail at Respondent's address was unsuccessful, constructive service was made upon the Clerk as Respondent's agent pursuant to Admission and Discipline Rule 23 (23.1)(c). Respondent has not appeared or responded in these proceedings. Accordingly, the Commission filed a "Motion for Judgment on the Complaint," and the hearing officer took the facts alleged in the disciplinary complaint as true.

No petition for review of the hearing officer's report has been filed. When neither party challenges the findings of the hearing officer, "we accept and adopt those findings but reserve final judgment as to misconduct and sanction." Matter of Levy , 726 N.E.2d 1257, 1258 (Ind. 2000).

Counts 1 through 11. Respondent was hired by eleven separate clients to represent them in various criminal and family law cases. She neglected each case. Respondent failed to keep one client informed regarding the status of the client's case and failed to inform three clients that Respondent was not going to attend a hearing prior to her failure to attend. She failed to return a client's file after being terminated. She missed the deadline to file an Appellant's Brief, resulting in dismissal of the client's appeal, though the Court of Appeals later allowed a belated appeal.

Respondent failed to attend hearings in nine of the cases, two of which were final hearings in family law matters. Respondent's failure to attend hearings resulted in three show cause proceedings against her. Respondent appeared at one show cause hearing and admitted she was suffering from personal issues. In the other two, Respondent failed to appear. After the court entered a bench warrant against Respondent in one case, Respondent appeared and admitted she had not appeared for a change of plea hearing or the show cause hearing because she was voluntarily intoxicated at the time. Respondent has admitted to abusing cocaine during much of this period, rendering her unable to assist her clients.

Count 12. On May 26, 2017, when the bench warrant was served on Respondent, she was incoherent and impaired. Law enforcement found cocaine, marijuana, and drug paraphernalia in Respondent's possession. She was charged with one Level 6 felony and two misdemeanors. She pled guilty to possession of cocaine as a Level 6 felony, though the trial court entered a judgment of conviction for a misdemeanor.

Count 13. On June 12, 2017, the Commission sent Respondent a demand for a response to an investigation. After receiving no response, the Commission filed a motion for rule to show cause as to why Respondent should not be suspended for non-cooperation. This Court ordered Respondent to respond within ten days. Only then did Respondent comply. Thereafter, the Court granted the Commission's motion to dismiss the show cause petition and ordered Respondent to reimburse the Commission $519.89.

The hearing officer cited as an aggravating factor Respondent's prior discipline and found no evidence in mitigation. The hearing officer recommended Respondent be suspended from the practice of law for three years without automatic reinstatement.

Discussion and Discipline

We concur in the hearing officer's findings of fact and conclude Respondent violated these Indiana Professional Conduct Rules prohibiting the following misconduct:

1.3: Failure to act with reasonable diligence and promptness.

1.4(a)(3): Failure to keep a client reasonably informed about the status of a matter.

1.16(a)(2): Failure to withdraw from representation when the lawyer's ability to represent the client is impaired.

1.16(d): Failure promptly to return to a client case file materials to which the client is entitled after termination of representation.

8.1(b): Failure to respond in a timely manner to the Commission's demands for information.

8.4(b): Committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer.

Our analysis of appropriate discipline entails consideration of the nature of the misconduct, the duties violated by the respondent, any resulting or potential harm, the respondent's state of mind, our duty to preserve the integrity of the profession, the risk to the public should we allow the respondent to continue in practice, and matters in mitigation and aggravation. See Matter of Newman, 958 N.E.2d 792, 800 (Ind. 2011).

Responde...