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Disciplinary Actions - 4/23/14

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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.

Suspension
Frank W. Hogan, of Marion County, has been suspended by the Indiana Supreme Court for commingling personal funds, his client funds and funds of his law firm in an attorney trust account. The April 3 order suspends Hogan for six months, effective the date of the order, all stayed subject to completion of 18 months of probation. The costs of the proceeding are assessed against him. Chief Justice Brent Dickson did not participate.

Deborah A. Riga Gardner, of Lake County, has been suspended by the Indiana Supreme Court for no less than five years, effective April 3. Gardner served as Schererville Town Court judge from January 2000 to December 2003. She was indicted in 2004 for extortion and fraud and pleaded guilty to getting kickbacks from more than 1,000 defendants who she’d sentenced to driving school and counseling classes she secretly owned and personally profited from. She was sentenced to 15 months in federal prison and ordered to pay $12,120 in restitution to the town and state. The costs of the proceeding are assessed against Gardner. Her suspension is without automatic reinstatement.

Tenneil E. Selner, of St. Joseph County, has been suspended from practice, effective immediately, per an April 10 order. Selner has been found guilty of felony wrongful distribution or possession of pseudoephedrine. She is already suspended for CLE noncompliance and dues nonpayment.

Randall B. Stiles, of Allen County, has been suspended from practice for noncooperation, effective immediately, per two April 10 orders. The suspension will continue until the executive secretary of the Disciplinary Commission certifies to the court that Stiles has cooperated fully with the investigation; the investigation or any disciplinary proceedings arising from the investigation are disposed of; or until further order of the Supreme Court. Stiles is already under suspension. The costs of the proceedings are assessed against him.

Private reprimand
The Indiana Supreme Court issued a private reprimand April 11 against a Lake County attorney for making false or misleading communications regarding legal services and for failing to include an office address in a public communication. The charges stem from his affiliation with the American Association of Motorcycle Injury Lawyers Inc. and information posted on that organization’s website that may be confusing to the public. The average viewer would not differentiate between the attorney and the statements about Law Tigers on the AAMIL website, so he is therefore responsible for objectionable content on the website. The identity of the respondent was kept anonymous by the court.•

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  • Mr Stiles
    I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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