[R]egardless 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 substantive purpose other than to embarrass or burden Mother. The Court therefore concludes that Respondent violated both Rule 4.4(a) and Rule 8.4(g) as charged.
The Indiana Law Blog's Marcia Oddi comments on the Supreme Court's Order suspending Barker for 30 days for calling the Mother an illegal alien: "Notably, a Westlaw search shows "illegal alien" used 57 times in Indiana cases. Some within recent months: Supreme Court (June 25, 2013, ftnote on p. 10); Court of Appeals (July 30, 2013, p. 8)." As an immigration lawyer, several years ago I was counseled by immigration advocates to use the term "undocumented" rather than "illegal alien." Later, it was suggested the term "out of status" was less offensive than "undocumented." Now we're counseled to refer to aliens in the country illegally as "aspiring immigrants." It's difficult to keep up on the politically-correct usage of words in this country.