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Disciplinary Actions - 2/12/14

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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
Paul J. Page, of Marion County, has been suspended on an interim basis due to his 2013 conviction of felony wire fraud, per a Jan. 27 order. The interim suspension shall continue until further order of the court or final resolution of any resulting disciplinary action. Justice Mark Massa did not participate.

Stanley Kahn, of Marion County, has been suspended for six months, all stayed subject to completion of 18 months of probation, per a Jan. 17 order. Kahn was found to have violated Indiana Professional Conduct Rules 1.15(a), 1.15(c), and 5.3(b) and Guideline 9.1, as well as Admission and Discipline Rule 23(29)(a)(4). Kahn’s office manager “T.T.” transferred funds from an attorney trust account to the firm’s operating account to continue funding the operations of the law office, which was experiencing financial difficulties in 2010. Because Kahn did not monitor T.T., he did not discover these transfers until December 2011. T.T. also improperly comingled more than $150,000 in client funds into an account that holds funds to pay the firm’s end-of-year tax obligations. T.T. attempted to conceal her actions. The order notes that no clients were harmed as a result of Kahn’s misconduct.

Shante P. Henry, of Lake County, has been suspended indefinitely, per a Jan. 23 order. Henry was originally suspended in May 2013 for failure to cooperate with the Disciplinary Commission.

Joshua R. Payton, of St. Joseph County, has been suspended on an interim basis due to a felony conviction in Michigan, per a Jan. 23 order. Payton accepted a plea offer in Michigan and was found guilty of Class G felony fleeing or eluding a police officer in the fourth degree.

Jeremy S. Brenman, of Monroe County, has been suspended indefinitely per a Jan. 23 order. Brenman was originally suspended in May 2013 for failure to cooperate with the Disciplinary Commission.

Contempt
David E. Schalk, of Monroe County, has been found in contempt of court by the Indiana Supreme Court, per a Jan. 27 order. Schalk was suspended in May 2013 without automatic reinstatement for at least nine months. In September 2013, the Disciplinary Commission alleged that Schalk represented two people in a guardianship proceeding. His actions on the guardianship proceeding constitute the practice of law in violation of the suspension order. The justices imposed a $500 fine for practicing law while suspended.•

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  4. 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

  5. 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?

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