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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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