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Disciplinary Actions - 4/27/12

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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.

Contempt
Danny Ray Hill, of St. Joseph County, has been found in contempt of court by the Indiana Supreme Court for practicing law in Indiana while suspended. The justices ordered on March 30, 2012, that Hill pay $250 within 60 days of the order.

Hill was suspended indefinitely in Indiana in 2006; in 2008, he sent a letter to a couple in Illinois on letterhead with a South Bend address identifying himself as an attorney. He indicated that he had reviewed living trust and related documents prepared for the couple and advised them on the legality and effectiveness of the documents. Even though the couple was in Illinois, Hill’s actions were in Indiana.

Timothy D. Freeman, of Marion County, has been ordered by the Indiana Supreme Court to pay a $2,500 fine and disgorge a $500 retainer fee within 10 days of April 3, 2012, or he will be ordered to serve a 30-day imprisonment.

Freeman has been the subject of five show cause proceedings for noncooperation with the Disciplinary Commission. He has continued to practice law in seven cases after he was suspended. Justice Steven David believed a longer imprisonment should be required. Justice Mark Massa did not participate.

William J. Rawls, of Marion County, has been found guilty by the Indiana Supreme Court of indirect criminal contempt by practicing law while disbarred. In an April 10, 2012, order, the justices ordered Rawls be sentenced to seven days imprisonment in the Department of Correction, without the benefit of good time; and pay a $500 fine within 60 days of this order.

Rawls was disbarred Dec. 27, 2010, but in February 2011 he had completed an appearance on behalf of another attorney, signed the attorney’s name on the appearance form and placed the initials “BW” next to the signature. He did not respond to an order to show cause.

Suspension
Mark J. Thornburg, of Marion County, has been suspended for 90 days, all stayed subject to completion of 24 months of probation, per an April 10, 2012, order from the Indiana Supreme Court. The discipline is effective April 28.

Thornburg pleaded guilty shortly after passing the bar exam in 1998 to operating a vehicle with a BAC of 0.08 to 0.15, a Class C misdemeanor. He reported the incident and was sworn in later that year. In 2011, he pleaded guilty to Class A misdemeanor operating a vehicle while intoxicated with endangerment. He notified the Disciplinary Commission of the conviction.

He violated Rule 8.4(b), but mitigating factors are that Thornburg met with the Judges and Lawyers Assistance Program shortly after his arrest, has no disciplinary history, and has been cooperative with the commission.

Reinstatement
Barbara L. Barkas, of Marion County, has been reinstated to the practice of law in Indiana as of April 3, 2012, per an order from the Indiana Supreme Court, as long as there are no other suspensions in effect. She had been suspended for failure to cooperate with a disciplinary case.•

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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