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Attorney suspended for taking client’s children from school for hours

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A Morgan County attorney who picked up children from school on behalf of their father, who she was representing, and drove them around for several hours without notifying the custodial mother was suspended for six months.

The Indiana Supreme Court ordered Cecelia Hemphill of Martinsville suspended from the practice of law effective Sept. 7 without automatic reinstatement.

According to the court’s order, Hemphill said she concluded that the mother’s boyfriend had molested her client’s 8-year-old daughter and needed to speak to the child and her brother alone.

Hemphill went to the child’s school and told the secretary that if the father had the right to pick them up, the secretary had to release them to her because she was his attorney and he asked her to pick up the children, according to the discipline order. The secretary refused at first but felt intimidated and eventually relented, the order said. She became worried and notified the school superintendent, who told the Morgan County sheriff.

“When the sheriff told mother what had happened, she was terrified and became more upset as the evening wore on,” the order said.

Hemphill called the children’s sitter and said she had the children and was meeting the father for dinner with the kids but didn’t say where she or the children were, according to the order. After that dinner, the father left and the children stayed with Hemphill.

Hemphill “drove with the children through the back roads around Martinsville, looking for a birthday party (the daughter) had been invited to attend, relying on the children for directions. (Hemphill’s) cell phone had died and she was low on gas,” according to the order. Despite stopping at several houses, Hemphill couldn’t locate the party and returned the children to their mother at about 8:45 p.m., about six hours after taking them from school.

The court concluded that Hemphill violated Rules of Professional Conduct 4.4(a): using means in representing a client that have no substantial purpose other than to embarrass, delay, or burden a third person; and 8.4(d): engaging in conduct prejudicial to the administration of justice.

“No legitimate purpose was served by … insisting that the secretary release the children from school and driving them around for several hours without telling mother where they were,” the order stated. It said Hemphill “lacks any insight into why her conduct was wrong, maintaining that she did the right thing because she was serving a higher purpose of protecting the safety of the children. Convincing evidence was presented that this incident was not an isolated lapse.”

“Indiana has laws and procedures to deal with allegations of abuse, as well as agencies specifically designed to, charged with, and trained to deal with such allegations,” the order said, noting that Hemphill “took matters into her own hands and acted precipitously in disregard for the laws and agencies designed to deal with allegations of child abuse.”

 

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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