Indiana attorney Robert T. Miller has accumulated a disciplinary history marked by two separate instances of professional misconduct, each involving a misuse of his authority within the public legal system: first as a prosecuting attorney and more recently as an attorney for the Department of Child Services (DCS).
The 2024 Suspension: Forgery in Child Protection Cases
The most recent disciplinary action, handed down by the Indiana Supreme Court in 2024 (Case No. 24S-DI-236), centered on a serious violation of honesty and proper procedure while Miller was a staff attorney for the DCS, handling cases in Newton and Benton Counties.
The Misconduct:
- Widespread Forgery: Between April 2022 and April 2023, Miller forged the names of Family Case Managers (FCMs) on 38 Child in Need of Services (CHINS) petitions.
- Breach of Trust: These petitions require verification and valid signatures to affirm the stated facts, making Miller’s actions a clear act of deceit and misrepresentation to the court and the public.
- Consequence: The Indiana Supreme Court ordered a 120-day suspension from the practice of law, effective October 11, 2024. The suspension includes automatic reinstatement after the term is served, reflecting the court’s consideration of his prior public service and the lack of evidence that he falsified the facts alleged in the petitions, only the signatures. Miller was terminated from his position at DCS upon discovery of the misconduct.
The 1997 Admonishment: Misuse of Prosecutorial Power
Two decades earlier, Miller faced disciplinary action for misconduct committed while serving as a county prosecuting attorney. This earlier case involved blurring the lines between criminal prosecution and civil litigation.
The Misconduct:
- Advancing a Private Cause: Miller was found to have improperly used his position as prosecutor to advance the cause of a civil plaintiff by initiating a criminal action against the same defendant who was being sued civilly.
- Quid Pro Quo Offer: He attempted to leverage the criminal charges by informing the defendant’s counsel that he was willing to dismiss the criminal case if the defendant would settle the concurrent civil action with the plaintiff.
- The Outcome: For engaging in conduct prejudicial to the administration of justice (Rule 8.4(d)) and failing to comply with discovery requests, the Indiana Supreme Court ordered a public admonishment (a lesser form of discipline).
Conclusion: A Pattern of Procedural Dishonesty
While the sanctions varied, both disciplinary findings against Robert T. Miller highlight a pattern of procedural dishonesty and a willingness to circumvent established legal rules—whether by signing names without consent for the sake of expediency at DCS, or by leveraging the power of the State to assist a civil litigant as a prosecutor. The 2024 suspension serves as a stronger penalty for misconduct that directly undermined the integrity of the child welfare system and the validity of court filings.