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Sunday, January 24, 2010

Ind. Courts - More on: Mishawaka attorney accused of misconduct

A Nov. 22, 2008 ILB entry began:

Jeff Parrott reports today in the South Bend Tribune in a long story that begins: "State legal officials have accused a local attorney of continuing to practice law while he was suspended for misconduct, along with several acts that would be felony crimes if prosecuted in state and federal courts."
The story included a link to the 27-page complaint of the Indiana Supreme Court Disciplinary Commission, filed Nov. 20th, 2008.

Today Mr. Parrott has a new, related, and very lengthy story. This one is headed "St. Joseph County attorney faces disbarment over alleged violations: Sniadecki allegations include loan fraud, forgery, attempted bribery." It begins:

A local attorney faces disbarment over allegations that, among other things, he continued to run his law office while his license was suspended; forced his secretary to falsify court records; tried bribing a witness in an attorney misconduct probe; and defrauded a longtime, trusting client.

Rod Sniadecki, an attorney since 1992, once held high political aspirations. He ran unsuccessfully for the state Senate in 1996 and served on the South Bend Common Council from 1996 through 1999.

Now Sniadecki, 43, could lose his law license and face criminal charges, should state or federal prosecutors decide to file them.

Administrative hearing officer Christine Talley Haseman, who was a Monroe County Circuit Court Judge when the case began and is now a Lawrence County deputy prosecutor, has recommended Sniadecki be disbarred on allegations that he hid his law license suspension from clients, continued running his office and benefited from his practice during the suspension.

Haseman also found that Sniadecki's conduct amounted to fraud, bribery, perjury, forgery, theft and obstruction of justice. He has not been charged with any crimes.

Neither Sniadecki nor his attorney, Frederick Ettl, replied to The Tribune's repeated requests for comment. But in court documents, Sniadecki has denied the allegations.

Haseman recently filed a scathing assessment of Sniadecki's conduct with the Indiana Supreme Court.

“(Sniadecki's) repeated dishonest and deceitful acts, his willingness to engage others to perpetuate his misconduct, his blatant defiance of the authority of the Supreme Court and his complete lack of candor in these proceedings are profound in their scope,” Haseman wrote.

Haseman found Sniadecki's misconduct was aggravated, which would call for a harsher penalty, by his refusal to admit his wrongdoing.

“(He) could have at any time in these proceedings decided to accept his responsibility, admit his misconduct, and show the court that he has the capacity to be remorseful,” she wrote. “He has chosen a different path, one that goes to the core of our profession.”

Haseman's findings, filed earlier this month, followed a six-day hearing in late August, where 29 witnesses offered 1,800 pages of trial testimony in an attorney misconduct case filed in November 2008 by the Indiana Disciplinary Commission.

Ordinarily, the Supreme Court accepts the hearing officer's findings and must only determine the appropriate form of discipline.

But court rules allow an accused attorney to ask the high court to re-examine the entire case and decide whether the hearing officer made the correct findings of fact and conclusions of law.

Sniadecki has asked the court to give him until March 3 to file a petition seeking that review. That process can take months to resolve.

But the commission views Sniadecki's alleged misconduct as so severe that it has asked the Supreme Court to suspend his license while the review process plays out, said Seth Pruden, interim executive secretary of the Indiana Attorney Disciplinary Commission.

Under the emergency interim suspension request, the commission wants the Supreme Court to suspend Sniadecki's license after giving him 14 days to object.

“The commission has determined that his continued practice for any period of time hereafter poses a serious and substantial threat of harm to clients, the courts and the public,” Pruden wrote.

The Supreme Court had not ruled on the interim suspension request as of late Friday.

The South Bend Tribune provides links to both: (1) the hearing officer's findings; and (2) Rod Sniadecki's response.

Posted by Marcia Oddi on January 24, 2010 08:09 PM
Posted to Indiana Courts