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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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  1. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  2. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  3. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  4. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

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