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Disciplinary Actions - 3/12/14

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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.

Removal from bench
Kimberly Brown, of Marion Superior Court, has been removed from the bench, per a March 4 order. The justices found she “engaged in significant judicial misconduct.” Justice Rucker concurred in part, believing a 60-day suspension without pay followed by a stay of her removal through a period of supervised probation was a better sanction. See story on page 4.

Termination of Suspension
David J. Sokolowski, of Elkhart County, has had his suspension for noncooperation terminated, per a Feb. 13 order. He is to be reinstated as long as no other suspension is in effect.

Suspension
Joseph C. Lehman, of Elkhart County, has been suspended for no less than two years, without automatic reinstatement, per a Feb. 19 order. The suspension begins April 3. Lehman was charged with five counts, which includes throwing client files with confidential information into a trash bin. The files were found by a newspaper reporter. He also failed to appear at numerous hearings in other cases and was sometimes jailed for such failures, as well as incorrectly handling client cases. Lehman also comingled client and attorney funds.

Judges before whom Lehman practices testified that he has consistently practiced far below the average level of performance for Elkhart County attorneys, his deficiencies have created a tremendous amount of trouble for court staff, and his conduct hurts clients and the court system.

The Supreme Court found Lehman violated Indiana Professional Conduct Rules 1.1; 1.2(a); 1.6(a); 1.9(c)(2); 1.15(a); and 8.4(d), as well as Ind. Admission and Discipline Rules 23(29)(a)(2), (3) and (4). The costs of the proceeding are assessed against him.

David Wyser, of Madison County, was suspended Feb. 26 by the Indiana Supreme Court because Wyser has pleaded guilty to a felony. The suspension came three months after the Indiana Disciplinary Commission transmitted orders and requested Wyser’s suspension following his guilty plea in July to accepting a $2,500 bribe in exchange for facilitating the early release of a woman sentenced in the murder-for-hire of her husband. Wyser was sentenced to three years of probation. The interim suspension remains in effect until further order of the court. Justice Massa did not participate.•

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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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