AG Curtis Hill's law license suspended for 30 days by Indiana Supreme Court

Well, well, well. What do we have here?

Another republican not making nice with women staffers

S E E D E D   C O N T E N T

Vic Ryckaert and Crystal Hill, Indianapolis Star Published 11:30 a.m. ET May 11, 2020 | Updated 6:09 p.m. ET May 11, 2020

Senate staffer speaks about Curtis Hill accusations of inappropriate touching, Indianapolis, Monday, July 9, 2018. Robert Scheer/IndyStar Indianapolis Star

Allegations that Indiana Attorney General Curtis Hill groped four women during a party at a Downtown bar culminated Monday in a month long suspension for the state's top legal officer — an outcome that appears to mark the end of Hill's disciplinary case.

More than two years after accusations against Hill went public, sparking multiple investigations and a federal lawsuit, the Indiana Supreme Court determined that Hill violated professional conduct rules and committed the criminal act of battery.

The court unanimously suspended Hill's law license for 30 days, beginning May 18. Hill can't take on any new legal matters during the suspension. But he was suspended with automatic reinstatement, meaning that he can resume practicing law when the period ends, rather than having to re-apply for his license, which can take months.

In a statement issued Monday by the attorney general's office, Hill said he accepts the court's suspension "with humility and respect."

"I offer my deepest gratitude to my family, friends and the entire staff of the Office of the Attorney General," the statement said. "My staff has worked tirelessly and without interruption and will continue to do so on behalf of all Hoosiers."

It's unclear, though, how this will affect Hill's ability to perform the functions of his job, but he said he has deputized a member of his team to "assume responsibility for the legal operations of this office during the temporary suspension of my license."

Chief Deputy Aaron Negangard will take over those responsibilities beginning Monday, May 18, through Wednesday, June 17, Hill's statement said.

Court: AG Hill committed battery

The court's decision stems from accusations against Hill from four women. The women — three Democrats and one Republican — alleged that Hill, a Republican, inappropriately touched them at an end-of-session gathering of legislative staffers at AJ's Lounge on March 14-15 in 2018.

State Rep. Mara Candelaria Reardon, statehouse staffers Samantha Lozano and Gabrielle Brock (her last name was McLemore at the time), and former statehouse employee Niki DaSilva testified under oath during an Oct. 21 disciplinary hearing that Hill's behavior made them uncomfortable and feel violated.

Hill underwent four days of testimony and questioning at the Oct. 21-24 hearing, which was prompted by sexual battery charges filed by the Indiana Supreme Court Disciplinary Commission.

Hill has repeatedly denied that he touched the women inappropriately.His attorneys declined to comment Monday on the matter.

Myra Selby, a former Indiana Supreme Court justice who served as hearing officer in the disciplinary case, had recommended a 60-day suspension. Selby determined that Hill's behavior at the work-related party in Downtown Indianapolis amounted to battery and violated the rules of professional conduct, according to a brief filed in February.

As top Indiana Republican leaders call for his resignation, Curtis Hill claims innocence.

On Monday, the high court agreed with Selby's determination that Hill's conduct constituted battery. It found that Hill committed "criminal conduct" during the performance of his professional abilities.

"This is a huge vindication of what the women were claiming," Jennifer Drobac, an Indiana University law professor, told IndyStar. "That what Curtis Hill did was battery. That, to me, is huge."

Drobac, however, questioned why the court did not go with Selby's recommendation.

"It is appalling that the highest ranking lawyer in the state engaged in this behavior," she said. "And I personally wished that the Supreme court had issued a more significant and serious sanction. But, they issued a sanction. They found that it was unlawful conduct and a battery. And so for today, I'll take that."

Attorneys for the women said in a statement Monday that their clients are pleased that Hill was found to have committed criminal battery and violated the rules of professional conduct.

"Two years later, Representative Candelaria Reardon, Ms. DaSilva, Ms. McLemore Brock, and Ms. Lozano continue to deal with the effects of going public with their stories," attorneys Hannah Joseph, BJ Brinkerhoff and Kim Jeselskis said. "But remain steadfast in their commitment to help Hoosiers feel safe in the workplace."

The court also concluded that Hill went too far in some of his attempts to combat the allegations when they were first made public in July 2018, particularly when he called the claims "vicious," implying malice by the four women, the court said.

"(Hill) claimed at the final hearing that his use of the term 'vicious' was directed at the process and not at the individual accusers," the court said. "But (Selby) was not persuaded and we defer to her first-hand assessment of that testimony.'

The allegations were first made public by IndyStar, which obtained a leaked memo of an investigative report into the women's allegations that was authorized by the state's legislative leadership and prepared by a law firm.

A special prosecutor in October 2018 declined to pursue criminal charges, saying he did not believe he could prove Hill's intent in order to prove a crime occurred.

A complaint led to the disciplinary commission's inquiry into whether Hill violated the rules of professional conduct and should be sanctioned. The commission recommended in December that Hill's law license be suspended for two years.

'An unholy mess'

The logistics of Hill's suspension could get tricky, according to Greenwood attorney Patrick Olmstead, who has represented attorneys in discipline cases.

It remains to be seen how HIll, who technically represents all Hoosiers, will completely distance himself from his position and all of his pending cases.

"It's an unholy mess," Olmstead said. "Presumably what'll happen is, since it's 30 days, (Hill's office) just needs to make sure that there are other deputy attorney generals on all the cases."

Daniel Sigler, the special prosecutor investigating the allegations against the attorney general, made the announcement Tuesday at the Marion County prosecutor's office. Indianapolis Star

Hill, Olmstead said, will have to spend the next seven days getting ready to step away from his position, according to Indiana Rules for Admission to the Bar and Discipline of Attorneys.

"He doesn't get these seven days to file as many lawsuits as he wants," Olmstead said. "He's not supposed to file any between the day of the order and its effective date."

Olmstead also noted that, according to the rules, the disciplinary commission can object to Hill's reinstatement on the basis that Hill didn't comply with the terms of the order and remain removed from the office.

"If there is a month long vacation (Hill) wants to take," Olmstead said, "that'd be great."

Contact IndyStar reporter Vic Ryckaert at 317-444-2701 or vic.ryckaert@indystar.com. Follow him on Twitter: @VicRyc.