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Disciplinary Actions - 7/2/14

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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
The suspension of Michael L. Lipsky, of St. Joseph County, has been converted to an indefinite suspension, per a June 12 order by the Indiana Supreme Court. Lipsky was suspended in October 2013 for noncooperation concerning a grievance.

Michael J. Alexander, of Delaware County, has been suspended for 60 days with automatic reinstatement, per a June 16 order. The Indiana Supreme Court found he violated Indiana Professional Conduct Rules 5.5(a) and 8.4(a) for hiring an attorney who had resigned from the bar two years earlier. Alexander later fired the attorney. The justices found Alexander violated Rules 3.4(c), 3.4(e) and 8.4(d) regarding his actions involving discovery in a dram shop case and statements made during closing argument. The Supreme Court noted Alexander took corrective steps regarding his hiring of the ex-attorney and expressed regret regarding his conduct, but that he also has a history of discipline.

His suspension begins Aug. 5 and the costs of the proceeding are assessed against him.

Paul K. Ogden, of Marion County, has been suspended for 30 days with automatic reinstatement, per a June 16 order. The Indiana Supreme Court found comments Ogden made regarding a judge on an estate case of Ogden’s client – that the judge committed malfeasance by allowing the estate to be opened as an unsupervised estate and not requiring the posting of bond – violated Rule 8.2(a) because he made the statements in reckless disregard of the truth or falsity. The justices held other comments Ogden made regarding the judge did not rise to the level of warranting discipline, nor did his action of sending letters to Marion Superior judges and other entities regarding the forfeiture law. Ogden’s suspension begins Aug. 5 and he is ordered to pay one-half of the costs and expenses of the proceeding and a $250 fine to the clerk.•

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  1. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  2. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

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