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Disciplinary Actions - 7/3/13

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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.

Suspension
Phillip H. Chamberlain, of Monroe County, has been suspended per a June 11 order from the Indiana Supreme Court. His interim suspension became effective 15 days from the date of the order.

Chamberlain pleaded guilty in October 2012 to Class D felony counterfeiting. He requested and was granted an extension to May 15 to file a response to the request for suspension, but did not file any submission.

The Clear Creek attorney was arrested in 2008 and faced charges of Class C felonies fraudulent sale of securities, forgery, sale of unregistered securities and unregistered investment advisor. These charges were dismissed after he entered an agreement to plead guilty to the Class D felony.He was sentenced to 540 days in the Indiana Department of Correction with all but time served suspended, completion of 120 days of community service and ordered to pay $166 in court costs.

Carl C. Jones, of Lake County, has been suspended for at least six months without automatic reinstatement, per a June 17 order. Jones was convicted in November 2010 of Class A misdemeanor trafficking with an inmate. He delivered a letter from his client’s girlfriend offering to testify falsely about an alibi for the client, as well as letters from the client’s mother and brother, and other items.

In a 2007 Disciplinary Commission response, Jones said the letters confiscated were mailed to the client by the client’s mother. At his trial, he said he brought the letters to his client. He was found to have violated Indiana Professional Conduct Rules 8.4(b) and 8.4(c). The use of his position of trust as an attorney to traffic in contraband with an inmate is serious misconduct, and Jones’ untruthful response to the commission’s investigative inquiry was a substantial breach of professional ethics, the justices held. The costs of the proceeding are assessed against Jones.

Anthony T. Adolf, of Allen County, has been suspended for noncooperation with the Disciplinary Commission, effective immediately, per a June 20 order. Adolf was ordered to show cause as to why he shouldn’t be suspended for failing to cooperate with the commission’s investigation into a grievance. Adolf responded with a one-sentence answer and has not cooperated.

Adolf must also pay $512.22 for costs of prosecuting the proceeding.

Veronica M. Roby, of Madison County, has been suspended for noncooperation with the Disciplinary Commission, effective immediately, per a June 20 order. She has not submitted a response to the Supreme Court’s order to show cause issued in March regarding her failure to cooperate with the commission’s investigation of a grievance.

Roby must also pay $523.72 for the costs of prosecuting the proceeding.

Public reprimand
David E. Corbitt, of Marion County, has been publicly reprimanded, in a June 20 order, for violating Indiana Professional Conduct Rule 8.4(b). He pleaded guilty last year to Class A misdemeanors resisting law enforcement and operating a vehicle while intoxicated endangering a person.

Corbitt has no disciplinary history, is making restitution for property damage he caused, and has voluntarily engaged himself for assessment by the Indiana Judges and Lawyers Assistance Program, the order notes. The costs of the proceeding are assessed against him.

Resignation
Robert L. Collins, of Perry County, has resigned from the bar, per a June 20 order. A verified complaint for disciplinary action was filed against him in August 2010. Any disciplinary proceeds pending are dismissed as moot, and Collins must wait at least five years to petition for reinstatement.•

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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