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Court sanctions Indianapolis attorney

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An Indianapolis attorney has received a public reprimand in the third and final leg of a yearlong disciplinary triangle, which has led to a Marion Superior judge's suspension and a commissioner's resignation and banishment from the bench.

In an order dated March 13, a split Indiana Supreme Court voted 3-2 to issue a public reprimand to Carolyn W. Rader as part of a conditional agreement in the disciplinary action against her. Justice Frank Sullivan would have rejected the agreement because he finds the sanction insufficient, while Chief Justice Randall T. Shepard wanted a short suspension.

The court decided that Rader violated Professional Conduct Rule 1.4(a)(2), which requires a lawyer to consult reasonably with a client about the means by which the client's objectives are being accomplished. The Disciplinary Commission filed charges against Rader in July, about three months after the Indiana Judicial Qualifications Commission had filed misconduct charges against Marion Superior Judge Grant W. Hawkins and his then-commissioner Nancy Broyles relating to the same post-conviction case.

All three actions came as a result of the legal drama involving Harold Buntin, who spent 22 months in prison after DNA evidence had cleared him of a 1984 rape. He'd petitioned for relief in 1998 based on DNA evidence that wasn't available during his trial that he hoped would clear him; it eventually did in 2005. But Broyles took that case under advisement after a March 2005 hearing and ultimately didn't rule on it for more than a year. When Buntin received no word from the court or his attorney Rader, despite his and his family's repeated attempts to get an answer, he contacted the commission to investigate the reason for the delay in early 2007.

The judicial disciplinary commission investigated and discovered that Judge Hawkins' lack of court supervision resulted in case delays leading to Buntin's longer incarceration, while Broyles had a history of delays on this and other post-conviction cases.

She resigned last year and has been permanently banned from the bench as a result of this case. A divided Indiana Supreme Court last week decided an unpaid suspension was the most appropriate sanction for Judge Hawkins.

Now, Rader receives a public reprimand that two of the justices find to be inadequate.

"While the judge and magistrate who held the matter under advisement for two years bear the principal responsibility, Respondent's stewardship of the client's interest was a part of the overall fault," Chief Justice Shepard wrote. "My colleagues say that there is no way to know whether this failure to communicate with her client Harold Buntin and his family would have hastened a ruling and shortened the time wrongly spent in prison. I would like to think that the Court is wrong about that, and that a reasonable responsiveness to the client would have led to use of the tools available for obtaining a ruling."

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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