South Bend attorney faces six Indiana Supreme Court disciplinary allegations of misconduct

Yahoo

13-02-2025

SOUTH BEND — The Indiana Supreme Court Disciplinary Commission has filed a complaint against a South Bend attorney alleging misconduct relating to his dealings with former St. Joseph County Probate Judge Jason Cichowicz and Penn-Harris-Madison school board member Matt Chaffee.
The complaint, filed Jan. 31, outlines six charges against South Bend attorney Mike Misch. The charges connect Misch with a 2023 decision that resulted in Cichowicz being suspended for 45 days, and they accuse Misch of violating the Code of Judicial Conduct by facilitating the provision of information hurtful to Chaffee, a former client.
The charges include:
Failing to provide competent advice while serving as counsel to Cichowicz and the Cartwright Foundation
Engaging in a conflict of interest by serving as representation to Cichowicz and the Cartwright Foundation while acting as a fiduciary for the board of the Friends of the Juvenile Justice Center
Concealing the sources of funding from board members and the public when directing funds from the Cartwright Foundation to the Friends of the JJC
Advising Cichowicz to engage a business owned by Cichowicz's father for court renovations
Advising Cichowicz to engage a business owned by Cichowicz's father for automobile purchases for the JJC
Providing a local blogger with information that would disparage Chaffee, a former client
But during a meeting of the PHM board on Feb. 10, Chaffee said the complaint included "only a fraction of the collusion and unethical behavior admitted by Misch and others."
The Tribune emailed and telephoned Misch for comment on Tuesday and Wednesday but did not recieve a response by late Wednesday afternoon.
In August 2023, the Indiana Supreme Court found Cichowicz had violated four provisions in the Code of Judcicial Conduct, suspending him for 45 days without pay.
Background of Cichowicz suspension: Judge Cichowicz suspended for improper use of old client's money, no-bid contracts to dad
The disciplinary complaint against Misch outlines several instances of alleged misconduct in connection to Cichowicz, saying Misch "played a significant role in the series of events that led to Judge Cichowicz's violations of the Code of Judicial conduct and subsequent discipline."
Before being elected probate judge in 2018, Cichowicz was a private attorney whose practice primarily consisted of criminal defense and juvenile matters. In 2013, he met Levering Russell Cartwright, at the time a 73-year-old wealthy individual, who hired Cichowicz to represent him in his divorce proceedings.
Cichowicz assumed power of attorney for Cartwright, and he had the authority to buy, sell and transfer property from Cartwight's trust fund, which contained more than $6 million.
By 2015, Cichowicz had also become the sole trustee of the Cartwright Foundation, a charitable organization created by Cartwright's father that contains millions of dollars, according to court filings.
According to previous Tribune reporting, this arrangement continued through Cichowicz's first four years as judge, but the disciplinary commission noted he should have ceased representing Cartwright when he became judge. But he did not do so even after being notified in February of the charges against him, and in fact resigned only July 31, 2023, shortly after reaching the agreement on his discipline.
The complaint says Misch served as the Cartwright Foundation's attorney, and he provided Cichowicz with "legal and ethical advice" about whether Cichowicz could remain a trustee of the Cartwright Foundation after being elected judge. According to the document, Misch told the Disciplinary Commission that he had reviewed the Indiana Code of Judicial Conduct, conducted legal research and reviewed an advisory opinion from the Judicial Qualifications Commission, eventually reaching the conclusion that Cichowicz could continue in his role as trustee.
But, the document says, none of the over 50,000 pages of documents the Commission subpoenaed contained Misch's research of the Code of Judicial Conduct or the Judicial Qualifications Commission's opinions, and Misch never contacted the Judicial Qualifications Commission about the issue. The complaint states that Misch "failed to represent Cichowicz competently."
While serving as judge in 2019, the document says, Cichowicz appeared before the Friends of the JJC board to raise the issue of building a new courtroom in the JJC. At the time, Misch was a sitting member of the board, and he led a discussion about building the new courtroom using $100,000 from an anonymous donor.
The anonymous donor was the Cartwright Foundation, the document states, but the donor's identity and the fact that Misch was the foundation's attorney were not disclosed to other board members. The Board of County Commissioners approved the project, similarly unaware of the source of the donation.
The complaint also says Misch was the one who advised Cichowicz about how he could use the foundation's money to pay for the project. Cichowicz did not send the money directly to the charitable group, apparently to avoid the appearance of impropriety. Instead, at Misch's suggestion, the complaint alleges, he sent it to Anderson Agostino and Keller, Misch's law firm.
With money left over from the Cartwright Foundation donation, Cichowicz and Misch allegedly discussed remodeling three separate breakrooms in the JJC. According to the document, after recieving an estimate he saw as too costly, Misch suggested Cichowicz retain R & K Ceramic Tile, LLC, a company owned by Cichowicz's father, to do the remodel work. R & K agreed to do the remodel, paid with about $25,000 from the foundation.
No additional bids or estimates from other contractors were sought, the document states, and the other members of the Friends of the JJC were not told that the owner of R & K was Cichowicz's father.
Another transfer of $60,000 in 2020 went toward purchasing three vehicles for use by the Court Appointed Special Advocate program, wherein judges appoint volunteers to advocate for children's best interests. The Friends of the JJC group spent $51,000 to buy vehicles from Victory Auto, LLC — also owned by Cichowicz's father.
According to the document, Cichowicz sought Misch's legal opinion about the transaction, as Victory Auto was a family-owned business. Misch allegedly told him that there "was no conflict" without reviewing the Code of Judicial Conduct or contacting the Judicial Qualifications Commission.
The document states Misch knows Chaffee through a shared membership in a club in St. Joseph County, and in 2022, Chaffee hired Misch's law firm to file a defamation lawsuit against the biological mother of a child Chaffee fathered.
Misch performed the original intake of the case before delegating litigation responsibility to an associate attorney, who later assumed responsibility for an additional paternity case for Chaffee.
In April 2023, the complaint says, Chaffee began a romantic relationship with an empolyee at Misch's law firm, and the relationship ended in October 2023. Chaffee then ran for and won a seat on the Penn-Harris-Madison school board.
In April 2024, a series of negative articles about Chaffee appeared on the blog Real News Michiana (RNM). Local blogger Clifton French, who operates RNM, refers to the site as "real news for a conservative audience." The disciplinary complaint says French and Misch are "allies," as Misch's law firm previously represented French in a personal injury matter, and French occasionally consulted with Misch before publishing articles on RNM.
On April 20, 2024, the complaint says, French contacted Misch seeking video of "a heated exchange" between Chaffee, the law firm's employee Chaffee had been in a relationship with and Chaffee's parents; Misch provided French the law firm employee's contact information.
Three days later, on April 23, an article appeared on RNM titled "PHM School Board Member with history of paying prostitutes makes hypocritical statements against fellow board member." In May 2024, the PHM board held a special meeting to ask Chaffee to resign over the alleged misconduct outlined in the blog post, including criminal sexual misconduct and possible alcohol abuse.
Allegations against Chaffee: P-H-M school board asks trustee to resign
Though the board voted unanimously, with Chaffee absent, the resolution was non-binding, and Chaffee has remained a sitting trustee since.
According to the complaint, by providing the law firm employee's contact information to "provide disparaging information about a former client," Misch violated the Indiana Rules of Professional Conduct.
The document ends with a recommendation by the Disciplinary Commission's executive director, Adrienne Meiring, that Misch be "disciplined as warranted for professional misconduct" and ordered to pay expenses for the investigation, hearing and review procedures.
According to the court's website, after the Disciplinary Commission presents a formal charge, the Supreme Court will appoint a hearing officer to hear the evidence, and the Disciplinary Commission must prove its charges by a higher burden than in a civil case. The hearing officer cannot make a final decision in the case but will make a report to the Supreme Court, which makes a final decision.
If the Supreme Court finds that Misch engaged in misconduct, it will order a disciplinary sanction, its severity depending on the seriousness of the case. Sanctions range from a private or public reprimand, suspension from practice for a set period of time, supsension from practice with reinstatement only after the individual proves fitness, up to permanent disbarment.
Email South Bend Tribune staff reporter Rayleigh Deaton at [e-mail].
This article originally appeared on South Bend Tribune: Indiana Supreme Court charges South Bend attorney with misconduct