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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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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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