
The Indiana Supreme Court Disciplinary Commission has filed a formal complaint against attorney Michael P. Misch, citing multiple allegations of professional misconduct during his representation of clients and in his role as legal counsel for judicial and organizational entities. Filed on January 31, 2025, the complaint accuses Misch of ethical violations that could result in disciplinary action.
Background and Allegations
Michael P. Misch, admitted to the Indiana bar in 2008, is accused of violating Rules of Professional Conduct while serving as counsel for Judge Jason A. Cichowicz, the Cartwright Foundation (a 501(c)(3) nonprofit), and as a fiduciary for the Friends of the Juvenile Justice Center (FOJJC). The complaint includes misconduct in his legal dealings with parties such as Levering Russell Cartwright, a prominent benefactor, and his involvement in multiple projects with the Juvenile Justice Center in St. Joseph County.
The Disciplinary Commission summarized six counts of alleged misconduct, including concerns about lack of competence, conflicts of interest, and his role in obscuring financial sources for key projects.
Specific accusations also address Misch’s guidance to Judge Cichowicz regarding the use of businesses owned by the judge’s family, along with enabling questionable donations and purchases.
Competency Issues: Misch allegedly failed to provide Judge Cichowicz with competent advice concerning his ethical responsibilities and fiduciary role after becoming a judge.
Conflict of Interest: Misch’s representation of multiple clients—including Cichowicz and the Cartwright Foundation—allegedly compromised his obligations to each party.
Concealment of Funds: Misch is accused of directing funds from the Cartwright Foundation to his law firm to be anonymously donated to FOJJC. This action allegedly concealed the funding sources from board members and the public.
Use of Family Businesses: Misch encouraged Judge Cichowicz to engage businesses owned by his father for court services, including construction, remodeling, and car purchases, without reviewing ethical implications.
Judicial Ethics: Misch reportedly failed to consult the Judicial Qualifications Commission before advising Judge Cichowicz on fiduciary activities that violated the Indiana Code of Judicial Conduct.
Disparaging a Former Client: Misch allegedly provided information to Clifton French, a local blogger, to publicize negative information about a former client. This exchange includes documented text messages that allegedly show Misch supporting and facilitating the publication effort.
Key Incidents Highlighted
The complaint raises specific incidents, including the use of Cartwright Foundation funds to anonymously finance the construction of a new courtroom and remodel breakrooms at the Juvenile Justice Center. Misch allegedly advised Judge Cichowicz to use his father’s businesses for these projects without disclosing their familial connections or seeking alternative bids.
Additionally, Misch coordinated with FOJJC to purchase three vehicles for the CASA (Court Appointed Special Advocates) program from a dealership owned by Judge Cichowicz’s father. Misuse of judicial prestige and lack of ethical consultation by Misch are central to this allegation.
Misch is also accused of drafting a letter representing an “anonymous donor” to justify the use of foundation funds for a Juvenile Justice Center Christmas party. However, this decision led to the resignation of four long-standing FOJJC board members, citing discomfort with the allocation of funds.
Professional Conduct Violations
The Indiana Supreme Court Disciplinary Commission cites Misch for violating professional conduct rules including:
Rule 1.1: Competence
Rule 1.7: Conflict of Interest: Current Clients
Rule 1.9(c) Duties to Former Clients: (c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:
Rule 5.3: Responsibilities Regarding Nonlawyer Assistants
Rule 8.4(a): (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
Rule 8.4(f): Misconduct: (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or
Additionally, Misch is accused of failing to maintain proper documentation and transparency, producing no evidence of legal research or consultative efforts to support his advice to Judge Cichowicz.
Consequences and Next Steps
The Disciplinary Commission has requested that Misch be held accountable for the alleged violations and face appropriate disciplinary action.
Check back further updates on this story and related developments.
Read the Complaint Here:
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