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Disciplinary Actions - 4/9/14

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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.

Judgment for Respondent
The Indiana Supreme Court entered judgment in favor of Maureen M. Delvin, of Marion County, in a March 19 order. The hearing officer found that Delvin did not engage in professional misconduct. The Disciplinary Commission alleged that Delvin violated Indiana Professional Conduct Rules 3.8(d) and 8.4(d).

Public reprimand
Kimberly DeVane, of Marion County, received a public reprimand from the Indiana Supreme Court March 20 for violating Indiana Professional Conduct Rule 8.4(d). DeVane represented a client who was under an order to have no contact with a victim or either of her two sons. After the client allegedly approached one of the sons in a park near the victim’s house, a bond revocation hearing was set. At the hearing, the judge entered a separation of witnesses order, admonishing the witnesses not to speak about potential testimony and not to discuss what happened in the courtroom after testifying. Both of the victim’s sons testified that the client was in the park in violation of the no-contact order. At the end of the hearing, but while the separation of witnesses order was still in effect, one of the prosecutors heard DeVane give details of the state’s witnesses’ testimony to the defense witnesses.

Suspension
Elton D. Johnson, of St. Joseph County, has been suspended for noncooperation with the Disciplinary Commission, effective March 20. Johnson is ordered to reimburse the Disciplinary Commission $512.22 for the costs of prosecuting this proceeding. If not paid by Oct. 1, the due date of the next annual registration fee, he will be subject to suspension for nonpayment of costs.

Resignation
Alfred McClure, of Hamilton County, has resigned from the bar, effective March 21. Any attorney disciplinary proceedings pending against him are dismissed as moot. He must wait five years to petition for reinstatement. The costs of the proceeding are assessed against him.•

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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