ATTORNEY FOR THE RESPONDENT ATTORNEY FOR THE INDIANA SUPREME COURT
Ronald Elberger DISCIPLINARY COMMISSION
Judy L. Woods Donald R. Lundberg, Executive Secretary
Indianapolis, Indiana Indianapolis, Indiana
In the
Indiana Supreme Court
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No. 49S00-0502-DI-36
IN THE MATTER OF
DOROTHY J. THOMSEN Respondent.
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Disciplinary Action
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November 29, 2005
Per Curiam,
The parties in this case have filed a Statement of Circumstances and Conditional Agree-
ment for Discipline acknowledging that respondent violated Ind. Professional Conduct Rule
8.4(g), which prohibits a lawyer from engaging in conduct in a professional capacity manifest-
ing, by words or conduct, bias or prejudice based upon race. The parties’ agreement calls for a
public reprimand, which we approve. Because this case is the first to arise under this section of
our Rules of Professional Conduct, we write today for the benefit of the bar and the public.
Respondent represented the husband in an action for dissolution of marriage filed by his
wife. Custody of the parties’ children was at issue in the case. Respondent filed a Petition for
Custody that stated in part:
The wife continues to associate herself around town in the pres-
ence of a black male, and such association is causing and is placing
the children in harm’s way, as husband has been advised by
neighbors of the wife and children. Said black male has resided at
the home of the wife and children, for lengthy periods of time,
while “fixing the computer.” The behavior is placing the children
in harms way and should be stopped immediately.
At a bench trial that was held on August 26, November 5, and December 10, 2003, re-
spondent referred to the African-American man by his proper name on several occasions. How-
ever, respondent also referred to him as “the black guy” and “the black man”. Further, when the
wife testified that a “…black kid across the street [was] yelling racial slurs at them …”, respon-
dent replied, “Well, you’re used to that. I mean you have them in your home.” Additionally,
when evidence was introduced about dead animals being placed on the wife’s porch and in her
yard, respondent asked, “[c]ould your animals or your dog have been killed as [sic] the problem
that’s been going on in the neighborhood with regard to the black man you had at your house?”
Because, as stipulated by the parties, respondent neither made nor substantiated any ar-
gument to the court that the man’s race was relevant to the dissolution, her comments were un-
necessary and inappropriate. Respondent’s comments do not meet the standards for good man-
ners and common courtesy, much less the professional behavior we expect from those admitted
to the bar. Interjecting race into proceedings where it is not relevant is offensive, unprofessional
and tarnishes the image of the profession as a whole.
Legitimate advocacy respecting race, gender, religion, national origin, disability, sexual
orientation, age, socioeconomic status, or similar factors does not violate Prof.Cond.R. 8.4(g),
but our decision here is based upon the parties’ agreement that race was not relevant in this case;
there was no legitimate reason underlying the comments made by respondent.
Respondent’s misconduct is a significant violation and cannot be taken lightly. Respon-
dent’s comments only serve to fester wounds caused by past discrimination and encourage future
intolerance. Unfortunately, we know that conduct of the type exhibited by respondent here is not
an isolated occurrence. Our Commission on Race and Gender Fairness reported in 2002, that a
significant minority of those surveyed had “… observed courtroom harassment and disparage-
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ment on the basis of gender, ethnicity or race, …” Indiana Supreme Court Commission of Race
and Gender Fairness, Executive Report and Recommendations, p.6, (2002). There is no place for
such conduct in our courts.
We find that a public reprimand is appropriate under the circumstances presented by the
parties. The respondent, Dorothy J. Thomsen, is publicly reprimanded for her misconduct.
Costs of this proceeding are assessed against the respondent.
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