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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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