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Disciplinary Actions - 2/13/13

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Indiana Lawyer Disciplinary Actions

The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state’s rules for admission to the bar and Rules of Professional Conduct. The Indiana Commission on Judicial Qualifications brings charges against judges, judicial officers, or judicial candidates for misconduct. Details of attorneys’ and judges’ actions for which they are being disciplined by the Supreme Court will be included unless they are not a matter of public record under the court’s rules.

Public reprimand
Kathryn R. Janeway, of Hendricks County, has received a public reprimand following her guilty plea to Class A misdemeanor operating a vehicle while intoxicated. At the time, she was a deputy prosecutor in Hendricks County but has since been terminated from that job.

She self reported her arrest and conviction to the Indiana Supreme Court Disciplinary Commission and is in full compliance with a treatment program through I.U. Health at Methodist Hospital. The costs of the proceeding are assessed against her.

Suspension
John W. Nelson, of Hamilton County, has been suspended for not reporting three criminal convictions, including for drunk driving, to the Indiana Supreme Court Disciplinary Commission, per a Jan. 28 Supreme Court order.

Nelson violated Indiana Professional Conduct Rule 8.4(b): Committing a criminal act that reflects adversely on the lawyer’s trustworthiness or fitness as a lawyer, and Ind. Admission and Discipline Rule 23(11.1)(a)(2): Failure to notify the commission of a guilty finding, and failure to transmit a certified copy of a guilty finding to the commission within 10 days of the finding.

He has been suspended for 180 days beginning March 8, with 30 days actively served and the remainder stayed subject to completion of at least 36 months of probation. He is working with the Judges and Lawyers Assistance Program. The costs of the proceeding are assessed against Nelson.

Resignation
David F. Rees, of Marion County, has resigned from the bar effective Jan. 28, per a Supreme Court order. Any pending disciplinary actions against Rees are dismissed as moot. He must wait five years before petitioning for reinstatement to the practice of law. The costs of the proceeding are assessed against him.

Michael C. Kendall, of Vanderburgh County, has resigned from the bar effective Jan. 28, per a Supreme Court order. Any pending disciplinary actions against Kendall are dismissed as moot. He must wait five years before petitioning for reinstatement to the practice of law. The costs of the proceeding are assessed against him.•
 

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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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