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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. 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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