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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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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