ILNews

Disciplinary Actions - 11/23/12

IL Staff
November 21, 2012
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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.

Suspension
Kjell P. Engebretsen, of Boone County, has been suspended for at least three years because his repeated misconduct has “injured his clients” and “tarnished the reputation of the legal profession.” Engebretsen had two suspensions still in effect when the Indiana Supreme Court issued this latest suspension Oct. 29. The Indiana Supreme Court Disciplinary Commission filed a complaint against Engebretsen in November 2011, which alleged misconduct that occurred from 2006 through 2011. He’s accused of neglecting clients’ cases, failing to inform clients that his medical problems would severely limit his ability to represent them, failing to refund unearned fees, and other charges.

Engebretsen did not respond to the complaint. Judge Thomas G. Fisher, who was appointed to hear the case, found five facts in aggravation, including that the attorney’s misconduct severely damaged the public’s perception of attorneys and caused great harm to his clients, and that he has shown no remorse and displayed indifference to paying restitution.

Three justices found Engebretsen violated nine rules of professional conduct, including engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, and failure to keep a client reasonably informed about the status of a matter. His suspension is effective immediately and is without automatic reinstatement. The costs of the proceeding are assessed against him.

Justice Steven David dissented, believing Engebretsen should be disbarred.

Proceeding stayed
Charlie P. White, of Marion County, has had his disciplinary proceedings stayed by the Indiana Supreme Court per a Nov. 1 order. The former secretary of state sought the stay pending resolution of the appeal of his criminal charges. His law license, which was suspended in May, remains suspended.

The justices entered the interim suspension earlier this year after White was convicted of several felonies following a trial in Hamilton County on voter fraud charges. The Indiana Supreme Court Disciplinary Commission didn’t object to the requested stay “in the interests of judicial economy,” according to the order.

Justice Mark Massa did not participate in the decision.•

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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