ABA Journal

Legal Ethics
Lawyer suspended for illegal alien comment
Posted Sep 17, 2013 5:40 AM CDT
By Debra Cassens Weiss
An Indiana lawyer has been suspended for 30 days for a comment about the
immigration status of his divorce clients spouse in a letter sent to opposing counsel
and the judge in the case.
The lawyer, Joseph B. Barker, wrote the letter in 2009 to protest his clients lack of
access to his child, according to the Indiana Supreme Court's Sept. 6 opinion (PDF),
noted by the Legal Profession Blog.
Barkers client told me this week that he has only seen his baby one day all
year, Barker wrote. Your client doesn't understand what laws and court orders
mean I guess. Probably because she's an illegal alien to begin with. I want you to
repeat to her in whatever language she understands that we'll be demanding she
be put in JAIL for contempt of court. I'm filing a copy of this letter with the court to
document the seriousness of this problem.
The Indiana Supreme Court said Barkers letter violated ethics rules regarding
conduct showing bias or prejudice, and conduct with no substantial purpose other
than to embarrass, burden or delay a third person.
Respondent argues that it was legitimate advocacy to connect Mother's alleged
violation of immigration laws with her violation of Father's court-ordered visitation
rights, the court said, However, regardless of the frustration respondent might
have felt in the circumstances, we conclude that accusing mother of being in the
country illegally is not legitimate advocacy concerning the legal matter at issue and
served no substantial purpose other than to embarrass or burden mother.
Barker tells the ABA Journal he respects the ruling of the Indiana Supreme Court, but
"I simply don't agree with it."
"Some things I think were important were not mentioned in the court's decision,"
Barker says in an email. "The judge who held the hearing on my case ruled in my
favor. Also, the lady who I was writing about had already been found in contempt
once for violation of the parenting time order. My letter was after that. As I told the
hearing judge, I have traveled to over 30 foreign countries and enjoy meeting
people from other countries. Some countries, however, I had to get a visa. That was
their law; I respected their law. People who come into this country illegally are not
respecting American laws."