ILNews

Disciplinary Actions - 3/30/12-4/12/12

March 28, 2012
Back to TopCommentsE-mailPrintBookmark and Share
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
Carl Brizzi
, of Marion County, received a public reprimand from the Indiana Supreme Court March 12, 2012. The justices found that he engaged in attorney misconduct by making public statements as a prosecutor that had a substantial likelihood of materially prejudicing adjudicative proceedings and a substantial likelihood of heightening public condemnation of the criminal defendants. Read more on page 10.

Ayeshah F. Johnson, of Hamilton County, received a public reprimand from the Indiana Supreme Court March 13, 2012. Johnson, a solo practitioner, failed to maintain complete trust account records for a five-year period. The justices found Johnson violated Indiana Professional Conduct Rules 1.15(a), failure to safeguard property of a client and failure to maintain and preserve complete records of client trust account funds; and 1.15(c) failing to deposit unearned legal fees into client trust account and withdrawing funds from client trust account without earning fees or incurring expenses. She also violated Indiana Admission and Discipline Rules 23(29)(a)(2), failure to maintain and preserve clear record of date, amount, source, and explanation for funds held in trust; and 23(29)(a)(5), making withdrawals from a trust account without written withdrawal authorization stating the amount and purpose of the withdrawal and the payee, and making withdrawals from a trust account by checks payable to “cash.”

The costs of the proceeding were assessed against Johnson.

Suspension
Beau White
, of Grant County, has been suspended for 60 days by the Indiana Supreme Court in an order dated March 13, 2012. White was hired in a paternity action, but took no action on the case and did not refund the money to the client. The justices found White violated Indiana Professional Conduct Rules 1.2(a), failure to abide by a client’s decisions concerning the objectives of representation; 1.3, failure to act with reasonable diligence and promptness. 1.4(a), failure to keep a client reasonably informed about the status of a matter and respond promptly to reasonable requests for information; and 1.16(d), failure to refund an unearned fee upon termination of representation.

Because of White’s failure to respond in any way to the Disciplinary Commission’s complaint, he is required to demonstrate his fitness before being reinstated. White’s suspension begins April 20.

Thomas N. Nuttle, of Elkhart County, has been suspended, effective immediately, by the Indiana Supreme Court for noncooperation with the Disciplinary Commission, per a March 15, 2012, order. This suspension shall continue until: (1) the executive secretary of the Disciplinary Commission certifies to the court that Nuttle has cooperated fully with the investigation; (2) the investigation or any disciplinary proceedings arising from the investigation are disposed of; or (3) until further order of this court, provided there are no other suspensions in effect. Nuttle is already under a suspension for continuing legal education noncompliance. He has been ordered to reimburse $569.67 in costs.

James D. Nafe Jr., of St. Joseph County, has been suspended, effective immediately, by the Indiana Supreme Court for noncooperation with the Disciplinary Commission, per a March 15, 2012, order. This suspension shall continue until: (1) the executive secretary of the Disciplinary Commission certifies to the court that Nafe has cooperated fully with the investigation; (2) the investigation or any disciplinary proceedings arising from the investigation are disposed of; or (3) until further order of this court, provided there are no other suspensions then in effect. He has been ordered to reimburse $522.16 in costs.

Diamond Z. Hirschauer, of Marion County, has been suspended, effective immediately, by the Indiana Supreme Court for noncooperation with the Disciplinary Commission, per a March 15, 2012 order. This suspension shall continue until: (1) the executive secretary of the Disciplinary Commission certifies to the court that Hirschauer has cooperated fully with the investigation; (2) the investigation or any disciplinary proceedings arising from the investigation are disposed of; or (3) until further order of this court, provided there are no other suspensions in effect. Hirschauer has been ordered to reimburse $543.74 in costs.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. 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.

  4. 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.

  5. 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.

ADVERTISEMENT