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Disciplinary Actions - 4/9/14

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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.

Judgment for Respondent
The Indiana Supreme Court entered judgment in favor of Maureen M. Delvin, of Marion County, in a March 19 order. The hearing officer found that Delvin did not engage in professional misconduct. The Disciplinary Commission alleged that Delvin violated Indiana Professional Conduct Rules 3.8(d) and 8.4(d).

Public reprimand
Kimberly DeVane, of Marion County, received a public reprimand from the Indiana Supreme Court March 20 for violating Indiana Professional Conduct Rule 8.4(d). DeVane represented a client who was under an order to have no contact with a victim or either of her two sons. After the client allegedly approached one of the sons in a park near the victim’s house, a bond revocation hearing was set. At the hearing, the judge entered a separation of witnesses order, admonishing the witnesses not to speak about potential testimony and not to discuss what happened in the courtroom after testifying. Both of the victim’s sons testified that the client was in the park in violation of the no-contact order. At the end of the hearing, but while the separation of witnesses order was still in effect, one of the prosecutors heard DeVane give details of the state’s witnesses’ testimony to the defense witnesses.

Suspension
Elton D. Johnson, of St. Joseph County, has been suspended for noncooperation with the Disciplinary Commission, effective March 20. Johnson is ordered to reimburse the Disciplinary Commission $512.22 for the costs of prosecuting this proceeding. If not paid by Oct. 1, the due date of the next annual registration fee, he will be subject to suspension for nonpayment of costs.

Resignation
Alfred McClure, of Hamilton County, has resigned from the bar, effective March 21. Any attorney disciplinary proceedings pending against him are dismissed as moot. He must wait five years to petition for reinstatement. The costs of the proceeding are assessed against him.•

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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