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Disciplinary Actions - 10/12/12

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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.

License revocation
Harlan L. Vondersaar, of Hendricks County, has had his conditional admission revoked because he practiced law while suspended, per an Oct. 1, Supreme Court order.

Vondersaar was admitted in May 2011 based on a consent agreement that required, among other things, that he refrain from the use of alcohol, have no arrest for a criminal offense, and have “no alcohol related incidents” for three years. Less than five months later, Vondersaar was arrested for, and later pleaded guilty to, operating a vehicle while intoxicated. His blood alcohol content was 0.31 at the time of his arrest.

He was suspended for 90 days, but the Indiana Supreme Court Disciplinary Commission later sought permanent revocation of his conditional admission or show cause as to why he shouldn’t be held in contempt. The commission says Vondersaar continued to practice during his suspension, which he admits.

“Respondent has been given repeated opportunities to conform his behavior to the standards required of those seeking admission to our bar but has failed to meet those standards. Accordingly, the Court finds that Respondent’s conditional admission to practice law in Indiana should be revoked,” Chief Justice Brent Dickson wrote in the order.

Vondersaar’s license has been immediately revoked, and he shall not submit an application for admission to the bar for 18 months.

Suspension
Christopher T. Smith, of Hancock County, has been suspended for 90 days – stayed subject to completion of probation – following his guilty plea to Class D felony operating while intoxicated with minor passenger, per an Oct. 1 Supreme Court order.

Smith pleaded guilty to the charge April 19 and admitted that he endangered his three minor children, who were passengers in the car, as well as the public by driving. He has no disciplinary history, has been cooperative with the commission, and the Judges and Lawyers Assistance Program believes his clinical needs would be best served by continuing to practice law and being monitored by JLAP.

The justices suspended Smith for violating Indiana Professional Conduct Rule 8.4(b), which prohibits committing a criminal act that reflects adversely on honesty, trustworthiness or fitness as a lawyer.

The suspension period will be stayed subject to Smith’s completion of at least two years of probation. The costs of the proceeding are assessed against him.•
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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