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Letter to editor: Articles attack integrity

April 28, 2010
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Letters to the Editor

To the editor:


Over the course of my 41 years as a member of the Indiana bar, I have worked to help improve the justice system in Marion County and the state of Indiana. Many of those activities have involved working to uphold the integrity of the bench and bar. You can imagine my surprise, then, upon reading articles in the Indiana Lawyer, The Indianapolis Star, and the Indianapolis Business Journal falsely impugning my integrity and the integrity of our law firm.


Specifically, those articles suggested that an associate of this firm and I secured a sentence modification for Paula Willoughby in 2009 that was based on campaign contributions instead of the merits of this particular case. These suggestions are baseless and are the result of reckless journalism.


I represented Ms. Willoughby in her original trial in March of 1992. That trial ended in a mistrial, and I represented her in the re-trial in August of 1992. My involvement in Ms. Willoughby’s case ended in 1996, when the Indiana Supreme Court affirmed her conviction following appeal and reduced her sentence from 110 years to 70 years. I have had absolutely no involvement in her sentence modification whatsoever, contrary to the false suggestions in the reporting of this matter.


The insinuation that campaign contributions made by me and associate Jennifer Lukemeyer were improper and resulted in the modification is equally inaccurate. Over the course of my career, and as a Democrat, I have given to candidates of both parties in local, state, and national elections. In the last election for Marion County prosecutor, I made a donation to the campaigns of both Carl Brizzi and his opponent, Melina Kennedy. My motivation in making these and other donations has been to support well-suited candidates to improve our government. I have never made an improper donation or accepted an improper advantage from making a donation, and neither has Jennifer Lukemeyer. Suggestions to the contrary are false and could have been resolved with proper research.


There is a lengthy tradition of campaign support from members of the Indiana bar to candidates in local elections. Lawyers often have many interactions with local candidates, whereas the typical citizen has no interaction with local candidates. As a result, lawyers are often better informed to evaluate local candidates, and in many instances have been asked by those candidates to fund their campaigns. A number of years ago, I was a member of the Indianapolis Bar Association Board of Managers. We discussed, and I supported, establishing a blind trust for campaign contributions to judicial candidates. The idea was not embraced at the time. This idea is again being considered by the Indianapolis Bar Association and many others following the United States Supreme Court opinion in Caperton v. Massey, which addressed contributions to judicial candidates. While I continue to support the idea of establishing a blind trust, the contributions made by me and my associates were proper and had no bearing on the outcome of any case.


Readers of the articles covering the Willoughby case and several other cases should note that no effort was made by the media to disclose the merits of granting the requested relief. One such case was that of Guilford Forney, represented by Bruce Donaldson at Barnes & Thornburg. Mr. Donaldson has written an eloquent letter, published in the Indianapolis Business Journal and Indiana Lawyer detailing the specific deficiencies of the reporting in these cases. I agree with him when he wrote that the media has injured its own reputation and credibility as a reliable source of information as a result of these articles.

James H. Voyles Jr.
Voyles Zahn Paul Hogan & Merriman, Indianapolis

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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