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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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