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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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