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Disciplinary Actions - 11/9/12

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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.

Public reprimand
Martin A. McCloskey, of Elkhart County, has been publicly reprimanded by the Indiana Supreme Court, per an Oct. 24 order. The reprimand is due to his handling of an appeal and petition seeking relief under 28 U.S.C. Section 2255 for D.H. in 2007. McCloskey had no experience with either procedure. The appeal was dismissed in 2008 and D.H.’s daughter terminated McCloskey’s representation before the Section 2255 petition was filed.

McCloskey had no disciplinary history, was cooperative with the disciplinary commission, and has a practice of refunding any unused portion of any advanced payment.

The justices found he violated Ind. Professional Conduct Rules 1.1: failure to provide competent representation; 1.3: failure to act with reasonable diligence and promptness; 1.5(a): charging an unreasonable fee; and 3.2: failure to expedite litigation consistent with the interests of a client. The costs of the proceeding are assessed against McCloskey.

Suspension
Anna E. Fulkerson, of Allen County, has been suspended without automatic reinstatement after the Indiana Supreme Court revoked her probationary reinstatement to the practice of law, per an Oct. 18 order.

Fulkerson was suspended without automatic reinstatement in October 2009; she petitioned for reinstatement in October 2010, which was granted in 2011 subject to completion of at least two years of probation on terms determined by the Judges and Lawyers Assistance Program.

The disciplinary commission sought to have her probation revoked this year, alleging that she materially violated terms of the JLAP monitoring agreement, including not participating in monthly therapy sessions or signing a release to allow JLAP staff to obtain a report from her pain management specialist.

Fulkerson responded that she had been laid off from her minimum wage job, is seeking a job, and cooperates with JLAP on areas that do not involve financial obligations. The justices imposed the suspension after finding that she did not sign the release for JLAP to contact the pain management specialist. The suspension begins Nov. 30, and the costs of the proceeding are assessed against her.

Janice R. Gambill, of Porter County, has had her suspension date moved to Nov. 26, 2012, per an Oct. 18 order from the Supreme Court. She sought to stay the execution of the disciplinary action and reconsideration of her suspension. The justices ordered Gambill suspended for no less than six months, without automatic reinstatement, beginning Oct. 19.

Gambill was disciplined over her representation of a client in a legal malpractice action. Any response by the disciplinary commission to her motion to reconsider had to be filed by Nov. 5.•

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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