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Disciplinary Actions - 2/13/13

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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
Kathryn R. Janeway, of Hendricks County, has received a public reprimand following her guilty plea to Class A misdemeanor operating a vehicle while intoxicated. At the time, she was a deputy prosecutor in Hendricks County but has since been terminated from that job.

She self reported her arrest and conviction to the Indiana Supreme Court Disciplinary Commission and is in full compliance with a treatment program through I.U. Health at Methodist Hospital. The costs of the proceeding are assessed against her.

Suspension
John W. Nelson, of Hamilton County, has been suspended for not reporting three criminal convictions, including for drunk driving, to the Indiana Supreme Court Disciplinary Commission, per a Jan. 28 Supreme Court order.

Nelson violated Indiana Professional Conduct Rule 8.4(b): Committing a criminal act that reflects adversely on the lawyer’s trustworthiness or fitness as a lawyer, and Ind. Admission and Discipline Rule 23(11.1)(a)(2): Failure to notify the commission of a guilty finding, and failure to transmit a certified copy of a guilty finding to the commission within 10 days of the finding.

He has been suspended for 180 days beginning March 8, with 30 days actively served and the remainder stayed subject to completion of at least 36 months of probation. He is working with the Judges and Lawyers Assistance Program. The costs of the proceeding are assessed against Nelson.

Resignation
David F. Rees, of Marion County, has resigned from the bar effective Jan. 28, per a Supreme Court order. Any pending disciplinary actions against Rees are dismissed as moot. He must wait five years before petitioning for reinstatement to the practice of law. The costs of the proceeding are assessed against him.

Michael C. Kendall, of Vanderburgh County, has resigned from the bar effective Jan. 28, per a Supreme Court order. Any pending disciplinary actions against Kendall are dismissed as moot. He must wait five years before petitioning for reinstatement to the practice of law. The costs of the proceeding are assessed against him.•
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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