Indiana Supreme Court suspends Hammond attorney for paying off witness, lying about it

The Indiana Supreme Court suspended the law license of Lake County attorney Randy Godshalk for allegedly bribing a witness and perjuring himself twice to cover up the bribery, according to court records.

The court sided Sept. 10 with the Indiana Supreme Court Disciplinary Commission’s August filing of emergency interim suspension against Godshalk. With the court’s decision, Godshalk will be suspended from the practice of law in Indiana effective Sept. 25, according to the ruling.

Godshalk, who has practiced criminal law, collections and evictions since 1990, filed a response to ask the court to deny the petition because he does not pose a threat.

“Despite the passage of time, Godshalk has only been disciplined one time in his 34 year career,” according to Godshalk’s response filing. “The alleged misconduct took place over 16 years ago and there is no emergency.”

In 2008, Godshalk represented Ronnie Major, who was being charged with committing violent crimes against two people, one of whom was a client of Godshalk’s. He was reprimanded for representing a client when it involved a conflict of interest in 2013, according to the commission’s petition for emergency interim suspension.

The victim who wasn’t previously represented by Godshalk came to his law office Nov. 3, 2008 and signed an agreement that Major would pay him $20,000 in installments to “forever waive and give up any and all claims of any type” against Major, according to court records.

The agreement was signed in Godshalk’s presence, and a law office employee notarized the document. Once it was signed, Godshalk gave the person $10,000 in cash from Major, according to court documents.

Godshalk subpoenaed both victims for depositions on Feb. 18, 2009, April 9, 2009 and May 6, 2009, but neither of them showed up for the depositions, according to the documents.

In response, Godhshalk filed a motion to exclude the testimony of the two victims on May 12, 2009 because they did not appear for depositions, according to the documents.

The wife of the man who signed the agreement went to Godshalk’s office April 27, 2009 and received $1,000, the second installment of the agreed upon funds. On July 7, 2009, he received a third installment of $4,000, according to the documents.

He received his last payment of $1,000 on Sept. 23, 2009, according to court documents, which brought the total to $16,000.

In July 2009, the Lake County Prosecutor’s Office discovered that Godshalk represented one of the victims in the Major case in a separate, pending criminal matter, and on Aug. 26, 2009 the court granted the prosecutor’s motion to disqualify Godshalk, according to the documents.

Godshalk was disciplined for his representation of one of Major’s victims, according to court records. That victim, a woman, was murdered Dec. 19, 2010 before she could testify against Major, according to court records.

Major was found guilty of battery March 2, 2011, and he was sentenced to two years in prison, according to court records.

Under new legal representation, Major filed a petition for post conviction relief on June 5, 2012. In that case, Godshalk testified under oath that the agreement was not intended as an exchange of money for noncooperation in Major’s case, according to court documents.

When asked about the agreement, Godshalk said the agreement was meant to settle “unpaid wages, medical expenses, pain and suffering, both civilly and as to criminal restitution,” according to court documents.

“My main goal was to try to protect Mr. Major’s civil interests or money interests at the time, but not necessarily to I guess infringe on (the victim’s) desires or whatever to pursue anything criminally. As far as the case, mine was more to insulate him financially,” Godshalk said in his testimony, according to court records.

The statements were untrue, according to court records, and he knew they were untrue when he testified under oath.

The Office of the United States Attorney for the Northern District of Indiana indicted Major in 2021 for his role in the 2010 murder of the victim in his battery case, according to court records.

The Indiana Supreme Court Disciplinary Commission voted unanimously June 14 to seek an emergency interim suspension against Godshalk, according to the court documents.

The interim suspension is allowed if at least two-thirds of the commission votes that the lawyer’s continued practice while under investigation “may pose a substantial threat of harm to the public, clients, potential clients or the administration of justice,” and if the alleged conduct, if true, would lead to discipline, according to the court documents.

The commission believes that allowing Godshalk to continue practicing law would pose a substantial threat of harm “to the public, his clients, and the administration of justice,” according to court documents.

“The allegations against (Godshalk) — facilitating the bribe of a witness and then later perjuring himself to conceal that misconduct — are flagrant abuses of his responsibility as an attorney. His alleged actions will shake public confidence not only in (Godshalk) but also the legal system overall, as (Godshalk)’s misconduct impacted a criminal trial,” according to court records.

The facts, if true, would subject him to sanctions, according to court records.

Lake County Prosecutor Bernard Carter, who is a member of the Indiana Supreme Court Disciplinary Commission, said he recused himself from discussion about this case. He declined to comment further.

In his response, Godshalk requested that the court deny the commission’s petition. Godshalk argued his alleged misconduct is not “wide-ranging or long-lasting” as in three recent suspensions the court granted.

“The alleged misconduct arose out of unique circumstances unlikely to recur, and Godshalk poses no substantial threat of harm to the public, clients, potential clients or the administration of justice,” according to the response filing.

akukulka@chicagotribune.com

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