In Re Ryan

|Attorney for the Respondent       |Attorney for the Indiana Supreme Court|
|Pro se                            |                                      |
|                                  |Disciplinary Commission               |
|                                  |Donald R. Lundberg, Executive         |
|                                  |Secretary                             |
|                                  |Robert C. Shook, Staff Attorney       |
|                                  |Indianapolis, Indiana                 |



                                   In the

                            Indiana Supreme Court
                      _________________________________

                            No. 20S00-0402-DI-84

IN THE MATTER OF

PATRICK S. RYAN,                             Respondent.

                      ________________________________


                             Disciplinary Action

                      ________________________________




                               March 31, 2005



Per Curiam,

      Today, we find that the respondent, Patrick S. Ryan, violated Ind.
Professional Conduct Rule 1.7(b) by operating a business that obtained
international driver’s licenses for individuals charged in the Goshen City
Court with driving license offenses, while at the same time serving as a
part-time deputy prosecutor in that court. For his misconduct, we further
find that respondent should be suspended from the practice of law for nine
(9) months.
      The following facts are admitted. At all relevant times respondent
was a part-time deputy prosecutor in Elkhart County assigned to the Goshen
City court. Respondent observed that many Latino motorists were being
charged in the Goshen City court with driving without licenses (a class C
misdemeanor) or without a license in possession (a class C infraction).  As
a general practice, the court permitted the state to reduce the original
charge to a lesser charge or an ordinance violation, if the defendant
provided proof of obtaining a valid license.
      Respondent, along with his wife, started  a  business  venture,  Legal
Licensing  Limited  (LLL),  aimed  at  obtaining   “international   driver’s
licenses” for individuals at a  cost  of  $275.  His  wife  was  LLL’s  only
employee,  with  an  office  in  the  respondent’s  law  office.  Respondent
enlisted the city court’s interpreter to recruit (for  $20  each)  customers
for the new business. The interpreter assisted  respondent  in  preparing  a
set of instructions and  procedures  for  obtaining  international  driver’s
licenses and she helped explain LLL’s services to defendants in  the  Goshen
City court. The interpreter would collect a  $100  initial  payment  from  a
defendant and pass it on to respondent,  often  near  the  court.  After  an
international driver’s license was obtained, respondent  would  exchange  it
with the court interpreter for  the  balance  owed  by  the  defendant.  The
interpreter then delivered the  license  to  the  defendant.  The  defendant
would then present the license  to  respondent  in  court  and,  in  return,
respondent would amend the initial charge to  a  lesser  charge.  Respondent
collected over $20,000 in fees from about  150  customer/defendants  between
October 2000 and December 2001. On January 15, 2002, respondent resigned  as
a deputy prosecuting attorney after meeting with the  prosecutor  concerning
his involvement and participation with LLL.
      We find that the admitted facts  clearly  and  convincingly  establish
that respondent  violated  Ind.  Professional  Conduct  Rule  1.7(b),  which
prohibits a lawyer from representing a client if the representation  of  the
client may be materially limited by the  lawyer’s  own  interests.  In  this
case, respondent's  duties  as  a  deputy  prosecutor  conflicted  with  his
interests related to his business, LLL.
      Having found  professional  misconduct,  we  must  now  determine  the
appropriate discipline.  In  making  this  determination,  we  consider  the
nature of the misconduct, the lawyer’s state of  mind  which  underlies  the
misconduct, actual or potential injury  flowing  from  the  misconduct,  the
duty of this Court to preserve the integrity of the profession, the risk  to
the public in allowing the respondent  to  continue  in  practice,  and  any
mitigating or aggravating factors. Matter of Lehman, 690  N.E.2d  696  (Ind.
1997). As a deputy prosecutor, respondent served a public trust  to  enforce
the law and the state was entitled  to  his  undivided  loyalty.  Matter  of
Cole, 738 N.E.2d 1035 (Ind. 2000). Respondent’s conduct breeds mistrust  and
lack of confidence in the judicial system. He used his position as a  deputy
prosecutor to obtain  a  significant  financial  windfall  for  himself.  By
serving  both  as  prosecutor  and  as  intermediary  for  those  seeking  a
favorable plea agreement, respondent gave the impression that justice  could
be bought. As a public officer charged with the administration  of  justice,
respondent's behavior had the capacity to bolster  or  damage  the  public’s
perception of the criminal justice system. Matter of Seat, 588  N.E.2d  1262
(Ind. 1992). Unfortunately, respondent chose to follow a path  that  damaged
the perception of the administration of justice. By  conducting  a  business
that  impacted  upon  his  resolution  of  traffic  violations,   respondent
violated the public’s trust. This is serious  misconduct,  which  cannot  be
ignored. Matter of Curtis, 656 N.E.2d 258 (Ind. 1995)  (dual  representation
of client in small claims matter and of state in criminal  investigation  of
client’s delinquent taxes warranted 30 day suspension);  Matter  of  Holmes,
722 N.E.2d 818 (Ind. 2000) (two counts of official misconduct that  included
permitting  a  personal  relationship  to  influence  duties  with  Attorney
General’s  office  warranted  six   month   suspension   without   automatic
reinstatement); Matter of Hughes, 640 N.E.2d 1065  (Ind.  1994)  (submitting
false reimbursement claims for attending conferences  and  continuing  legal
education seminars while serving as city court judge,  resulting  in  felony
convictions, warranted disbarment).
      Though respondent has admitted his violation, in an attachment to  his
affidavit of consent to discipline he demonstrates his failure to grasp  the
magnitude of his misconduct.  The  attachment  speaks  to  the  validity  of
international driver’s licenses and  the  propriety  of  accepting  them  in
reaching  a  plea  agreement  with  defendants  in  the  court  he   served.
Respondent does not seem to recognize the inappropriateness  of  prosecuting
defendants and simultaneously providing a business service to them  designed
to obtain a favorable result in the prosecution.
      In light of the above considerations, we conclude that the  respondent
should be suspended from  the  practice  of  law  for  nine  months.  It  is
therefore, ordered that respondent, Patrick S.  Ryan,  is  hereby  suspended
from the practice of law for a period of  not  less  than  nine  (9)  months
commencing May 8, 2005, and at the conclusion of which  the  respondent  may
petition this Court for reinstatement to the practice of  law.  In  addition
to the requirements set forth in Ind.  Admission  and  Discipline  Rule  23,
Section 4, the  respondent  will  also  be  required  to  demonstrate  as  a
condition of reinstatement  that  he  understands  the  seriousness  of  his
malfeasance and that he is fit to return to the practice of  law.  Costs  of
this proceeding are assessed against the respondent.