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Disciplinary Actions - 2/27/13

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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.

Suspension
Kristin D. Miller, of Marion County, has been suspended indefinitely for noncooperation with the Disciplinary Commission, per a Feb. 1 order. Miller was initially suspended June 6, 2012, for noncooperation, and the Disciplinary Commission moved for the suspension to be converted to indefinite due to Miller’s lack of response.

Miller’s suspension became effective the date of the order.

Timothy S. Durham, of Marion County, had his law license suspended Feb. 14 by the Indiana Supreme Court. The Indiana Supreme Court ordered Durham suspended pendente lite effective immediately. He was originally admitted to the bar in 1987.

Durham was convicted in June 2012 of 12 felony fraud charges and sentenced to 50 years for his role in a Ponzi scheme that defrauded Ohio investors out of $250 million. The charges stemmed from the collapse of Fair Finance Co. in Akron, Ohio, in which Durham was a co-owner.

Public reprimand
Roberta L. Ross, of Marion County, has been publicly reprimanded for how she handled the settlement of a lawsuit stemming from an explosion at a Central Soya plant in Indianapolis in 1994.

The Feb. 12 order says that Ross violated the Indiana Professional Conduct Rules (2003): 1.2(a): Failure to abide by a client’s decisions concerning the objectives of representation, to consult with the client as to the means by which they are to be pursued, or to abide by a client’s decision whether to accept an offer of settlement of a matter; 1.4(b): Failure to explain a matter to the extent reasonably necessary to permit a client to make informed decisions; and 1.8(g): Participating in making an aggregate settlement regarding two or more clients unless each client consents after adequate consultation and disclosure.

After reaching a confidential settlement agreement, she created a formula for determining how to distribute the funds without consulting the clients.

The hearing officer found many factors in Ross’ favor, including that she has no history of misconduct, is genuinely remorseful for her misconduct, and has a long history of pro bono activities. The costs of the proceeding are assessed against her.•
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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