On Thursday, February 13, 2025, the South Bend Tribune reported that the Indiana Supreme Court Disciplinary Commission filed a complaint against South Bend attorney Mike Misch, alleging several counts of professional misconduct. The complaint, submitted on January 31, outlines six specific charges related to Misch’s interactions with former St. Joseph County Probate Judge Jason Cichowicz and Penn-Harris-Madison school board member Matt Chaffee.
The charges stem from a decision in 2023 that resulted in Cichowicz being suspended for 45 days. Misch is accused of violating the Code of Judicial Conduct by facilitating the release of damaging information against Chaffee, a former client. The allegations against Misch include failing to provide competent legal advice while representing Cichowicz and the Cartwright Foundation, engaging in conflicts of interest, and concealing funding sources when directing funds from the Cartwright Foundation to the Friends of the Juvenile Justice Center (JJC).
Specific actions highlighted in the complaint include Misch advising Cichowicz to hire a business owned by Cichowicz’s father for court renovations and vehicle purchases for the JJC. Misch also provided a local blogger with information that could harm Chaffee’s reputation.
During a recent meeting of the Penn-Harris-Madison school board, Chaffee remarked that the complaint represents only a small portion of the unethical behavior admitted by Misch and others involved. Despite efforts to reach Misch for comment, both email and phone inquiries went unanswered by late Wednesday afternoon.
The complaint details Misch’s connection to Cichowicz, who was previously a private attorney before being elected probate judge in 2018. Cichowicz had met Levering Russell Cartwright in 2013 and later assumed power of attorney for him. By 2015, Cichowicz became the sole trustee of the Cartwright Foundation, a charitable entity with substantial assets.
The disciplinary charges indicate that Misch acted as the foundation’s attorney and provided legal counsel to Cichowicz regarding his ability to remain a trustee after being elected judge. Misch claimed to have reviewed relevant legal guidelines, yet the Disciplinary Commission found no evidence of such research in the extensive documentation provided.
In 2019, while serving as judge, Cichowicz brought forth a proposal to the Friends of the JJC board to construct a new courtroom, with Misch as an active board member. The proposal involved a $100,000 donation from an anonymous source, later identified as the Cartwright Foundation. The complaint alleges that Misch’s role as the foundation’s attorney was not disclosed to other board members.
Further allegations involve Misch advising Cichowicz on how to funnel foundation money for various projects, including remodeling JJC breakrooms and purchasing vehicles for the Court Appointed Special Advocate program. Cichowicz was guided to use family-owned businesses for these transactions without soliciting additional bids, raising conflict of interest concerns.
In relation to Chaffee, the complaint outlines Misch’s prior professional interactions, including a defamation lawsuit Chaffee initiated against the biological mother of his child. Misch’s law firm was involved in this case, and after a personal relationship with an employee at Misch’s firm ended, Chaffee faced negative press coverage.
The blog Real News Michiana, operated by local blogger Clifton French, published damaging articles about Chaffee, which the disciplinary complaint claims were influenced by Misch. The complaint states that Misch provided French with the contact details of the law firm employee, thereby allegedly violating professional conduct rules by sharing information that could harm a former client.
The document concludes with a recommendation from the Disciplinary Commission’s executive director, Adrienne Meiring, suggesting that Misch should face disciplinary action for his alleged professional misconduct and be required to cover the costs associated with the investigation and hearing.
Under Indiana law, once the Disciplinary Commission files formal charges, the Supreme Court will appoint a hearing officer to evaluate the evidence. The Commission will need to meet a higher burden of proof than is typically required in civil cases. The hearing officer will compile a report for the Supreme Court, which will make the final determination on the matter.
Should the Supreme Court conclude that Misch engaged in misconduct, it has the authority to impose various sanctions, ranging from a private reprimand to permanent disbarment from practicing law. The severity of the sanctions will depend on the seriousness of the misconduct identified in the case.
Source: South Bend Tribune
