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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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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