In the Matter of Barbara A. Transki

Summary

The Indiana Supreme Court found Barbara A. Transki responsible for professional misconduct, including failure to diligently handle client matters, failure to communicate, false statements, untimely responses to the Disciplinary Commission, and fabrication of a document. The Court suspended her from practicing law for at least six months without automatic reinstatement, requiring her to petition for reinstatement. Justice Rucker dissented, favoring the hearing officer’s recommendation of a partially stayed suspension with probation.

Holdings

1. Respondent violated Indiana Professional Conduct Rules 1.3, 1.4(a), 1.4(b), 3.3(a)(1), 8.1(a), 8.1(b), and 8.4(c), and Indiana Admission and Discipline Rule 23(26)(b).
2. A suspension of not less than six months without automatic reinstatement was warranted rather than a six-month suspension with all but 30 days stayed subject to probation.
3. Respondent was not entitled to automatic reinstatement and could resume practice only if the court granted a reinstatement petition supported by clear and convincing evidence of remorse, rehabilitation, and fitness to practice.

Questions Presented

1. Whether respondent committed the professional-conduct and admission-and-discipline-rule violations charged by the Disciplinary Commission.
2. What discipline was appropriate for respondent's admitted misconduct, including whether mental or emotional disability and rehabilitation justified the hearing officer's recommended stayed suspension.
3. Whether respondent should be required to undergo the reinstatement process before resuming the practice of law.

Disposition

other