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Disciplinary Actions - 2/26/14

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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.

Reciprocal Discipline
Kent D. Mitchner, has been suspended for 30 days, all stayed subject to probation as imposed by the Supreme Court of Kentucky, per a Feb. 3 Indiana Supreme Court order. Mitchner was suspended in Kentucky effective Aug. 29 for 30 days, probated for one year with conditions. The costs of the proceeding are assessed against him.

Public reprimand
Scott Storms, of Marion County, has received a public reprimand for violating Indiana Professional Conduct Rule 1.11(d). Storms was general counsel and chief administrative law judge at the Indiana Utility Regulatory Commission, where he heard matters involving Duke Energy Indiana Inc. He resigned from the IURC when formally offered a job at Duke. A state ethics investigation led to a $12,120 fine for violating I.C. 4-2-6-9 and a ban from future employment with the state.

The justices found several mitigating factors, including the fine and employment ban. The order notes that the discipline imposed may have been more severe had this matter been submitted without the commission’s agreement to a public reprimand.

Suspension
Randall B. Stiles, of Allen County, has been suspended for noncooperation effective immediately, per two Feb. 3 orders. Stiles filed objections to the Disciplinary Commission’s requests for ruling and to tax costs, in which the court found no merit. The suspension will remain in effect until Stiles cooperates with the commission, the disciplinary proceedings arising from the investigation are disposed of, or until further order of the court. He is ordered to reimburse the Disciplinary Commission $1,048.88 in costs.

Amanda A. Johnson, of Madison County, has been suspended for noncooperation, effectively immediately, per a Feb. 4 order. The suspension shall continue until she fully cooperates with the Disciplinary Commission, the investigation or any disciplinary proceedings arising from the investigation are disposed of, or until further order of the court. She is ordered to reimburse the Disciplinary Commission $524.44 in costs.

Thomas L. Montgomery, of Vanderburgh County, has been suspended for at least one year, without automatic reinstatement, per a Feb. 3 order. The order lists five counts, including becoming involved in a personal relationship with a former client and purchasing a gun for her, knowing she was a convicted felon. The order also says that Montgomery falsely told colleagues that he had a life-threatening brain tumor.

He has been diagnosed with bipolar disorder and has been working with the Judges and Lawyers Monitoring Program. There is a cyst on his brain, but it is not a brain tumor.

The justices found Montgomery has violated Indiana Professional Conduct Rules 1.3; 1.4(a)(3); 5.3(b); 8.4(b); 8.4(c); and 8.4(d).

Montgomery has been suspended since 2008 for CLE noncompliance and dues nonpayment. The costs of the proceeding are assessed against him.

Gary L. Dilk, of Marion County, has been suspended for at least six months, without automatic reinstatement, per a Feb. 10 order. The suspension takes effect March 24. The justices found he violated Indiana Professional Conduct Rules 1.4(a); 1.4(b); 1.8(f); 3.2; 5.4(a); 5.4(c); 5.5(a); 7.3(e); and 8.4(d). The nine counts of misconduct concern Dilk’s representation of clients referred to him by Ohio-based for-profit Foreclosure Solutions LLC and by other organizations and his serving as “of counsel” in Indiana foreclosure actions for an Ohio law firm.

He received approximately 2,675 referrals from Foreclosures Solutions. His typical practice was to allow judgment to be entered without opposition or hearing, and he had no direct contact with many of his clients. He asserted to the Disciplinary Commission that the homeowners were not his clients, to which the order says “shows a lack of insight into his professional responsibilities to the homeowners for whom he appeared as counsel, asserting that his professional duties were owed to the companies who hired him, not to homeowners.”

Terrance L. Kinnard, of Marion County, has been suspended for at least six months, without automatic reinstatement, per a Feb. 10 order. The charges stem in part from false statements he made in April 2008 on a petition to modify custody and to find a mother in contempt. Kinnard also filed a defamation suit against the mother, who filed a grievance against him, seeking more than $100,000 and attorney fees. The mother and respondent filed a joint motion to dismiss in August 2008.

The justices found he violated Indiana Rules of Professional Conduct 3.5(b), 3.1, 4.4(a) and 8.4(d). The suspension begins March 24, and the costs of the proceeding are assessed against Kinnard.

Robert B. Bush, of Johnson County, has been suspended effective immediately, per a Feb. 13 order. Bush has been found guilty of felony stalking and invasion of privacy. The interim suspension shall continue until further order of the court or final resolution of any resulting disciplinary action, provided no other suspension is in effect.

Jennifer L. Graham, of Marion County, has been suspended for 60 days, beginning Feb. 14, per an order from the Supreme Court. The suspension is stayed subject to completion of at least two years of probation, including monitoring with the Judges and Lawyers Assistance Program. The justices found she violated Indiana Professional Conduct Rules 8.4(b) and 8.4(c) when she wrote two checks from her client trust account payable to herself and deposited into her operating account to cover losses she incurred from gambling. She has since repaid the $1,100 she converted from her client trust account.

Graham admits she is a compulsive gambler and has taken steps to address her addiction. The costs of the proceeding are assessed against her.•

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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