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Disciplinary Actions - 4/23/14

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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.

Suspension
Frank W. Hogan, of Marion County, has been suspended by the Indiana Supreme Court for commingling personal funds, his client funds and funds of his law firm in an attorney trust account. The April 3 order suspends Hogan for six months, effective the date of the order, all stayed subject to completion of 18 months of probation. The costs of the proceeding are assessed against him. Chief Justice Brent Dickson did not participate.

Deborah A. Riga Gardner, of Lake County, has been suspended by the Indiana Supreme Court for no less than five years, effective April 3. Gardner served as Schererville Town Court judge from January 2000 to December 2003. She was indicted in 2004 for extortion and fraud and pleaded guilty to getting kickbacks from more than 1,000 defendants who she’d sentenced to driving school and counseling classes she secretly owned and personally profited from. She was sentenced to 15 months in federal prison and ordered to pay $12,120 in restitution to the town and state. The costs of the proceeding are assessed against Gardner. Her suspension is without automatic reinstatement.

Tenneil E. Selner, of St. Joseph County, has been suspended from practice, effective immediately, per an April 10 order. Selner has been found guilty of felony wrongful distribution or possession of pseudoephedrine. She is already suspended for CLE noncompliance and dues nonpayment.

Randall B. Stiles, of Allen County, has been suspended from practice for noncooperation, effective immediately, per two April 10 orders. The suspension will continue until the executive secretary of the Disciplinary Commission certifies to the court that Stiles has cooperated fully with the investigation; the investigation or any disciplinary proceedings arising from the investigation are disposed of; or until further order of the Supreme Court. Stiles is already under suspension. The costs of the proceedings are assessed against him.

Private reprimand
The Indiana Supreme Court issued a private reprimand April 11 against a Lake County attorney for making false or misleading communications regarding legal services and for failing to include an office address in a public communication. The charges stem from his affiliation with the American Association of Motorcycle Injury Lawyers Inc. and information posted on that organization’s website that may be confusing to the public. The average viewer would not differentiate between the attorney and the statements about Law Tigers on the AAMIL website, so he is therefore responsible for objectionable content on the website. The identity of the respondent was kept anonymous by the court.•

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  • Mr Stiles
    I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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