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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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