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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. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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