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. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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