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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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