Summary
The Indiana Supreme Court found Frank J. Pope guilty of indirect criminal contempt for practicing or assisting in the practice of law while suspended. The court ordered him incarcerated for 15 days without good-time credit and assessed the proceeding's costs against him.
Topics
Practice areas
Questions Presented
- Whether Pope's post-suspension conduct constituted indirect criminal contempt of the Indiana Supreme Court's suspension order.
- Whether the court could impose a fifteen-day term of incarceration for the contempt.
Holdings
- Willful and intentional disobedience of a court order may constitute indirect criminal contempt, and Pope's continued participation in law-office functions while suspended constituted contempt of the court's suspension order.
- The Indiana Supreme Court has inherent and statutory authority to punish contempt by fine and imprisonment, and Pope's defiance warranted fifteen days of incarceration without good-time credit.
Key quotations
“The willful and intentional disobedience of the orders of a court can constitute indirect criminal contempt.” (406)
“This Court has inherent and statutory authority to punish contempt by fine and imprisonment.” (406)
Factual background
Pope had been suspended from the practice of law for at least ninety days effective July 6, 1998, and had not been reinstated. After his suspension, he maintained a presence in Edward L. Goebel Jr.'s Indianapolis law office and assisted with law-office functions, including drafting legal documents, in violation of Indiana Admission and Discipline Rule 23(26)(b). Pope received the order to show cause but failed to respond.
Procedural history
The Disciplinary Commission filed verified information and moved for an order to show cause why Frank J. Pope should not be held in contempt. The Supreme Court issued the order, Pope received notice, and he failed to respond. The court therefore treated the allegations as true, found him guilty of indirect criminal contempt, and ordered fifteen days of incarceration.