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Disciplinary actions - 5/8/13

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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
David E. Schalk, of Monroe County, has been suspended for at least nine months by the Indiana Supreme Court, per an April 15 order. The justices found Schalk violated Indiana Professional Conduct Rules 8.4(b) by committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer; and 8.4(d) by engaging in conduct prejudicial to the administration of justice.

Schalk illegally attempted a drug sting without the assistance of law enforcement in order to impeach a witness’s credibility at his client’s trial. Schalk was found guilty of Class A misdemeanor attempt to possess marijuana, which was upheld by the Indiana Court of Appeals in 2011.

His suspension begins May 24 and he must petition for reinstatement. The costs of the proceeding are assessed against Schalk.

Bruce A. Carr, of Porter County, has been suspended indefinitely by the Indiana Supreme Court, per an April 19 order. Carr is admitted to practice in Indiana and Illinois and was suspended from practice in Illinois for nine months beginning Dec. 10, 2012. The reciprocal discipline took effect April 19 and the costs of the proceeding are assessed against Carr. If he is reinstated in Illinois, he may file a motion to be reinstated in Indiana.

Mark E. Watson, of Vigo County, has been suspended for at least 18 months by the Indiana Supreme Court, per an April 19 order. Watson admitted to five counts of misconduct occurring from 2009 to 2011, including making unauthorized charges for personal use of the law firm’s credit card and converting client funds. Watson has violated Indiana Professional Conduct Rules 8.4(b) by committing criminal conversion, and by committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer; and 8.4(c) by engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.

His suspension begins May 31 and he must petition for reinstatement. The costs of the proceeding are assessed against Watson. Chief Justice Brent Dickson dissented, believing the agreed punishment is insufficient in light of the admitted misconduct.

Dismissal
The Indiana Supreme Court entered judgment for Robert L. Canada, of Vanderburgh County, in a disciplinary case pending against the attorney in an April 26 order. The Disciplinary Commission alleged that Canada violated Indiana Professional Conduct Rules 1.5(a): making an agreement for, charging, or collecting an unreasonable fee; and 1.16(d): failure to refund fees that have not been earned.

A client hired Canada to represent him on a charge of Class A felony conspiracy to commit dealing in methamphetamine. They agreed to a flat fee of $10,000 to be paid from a cash bond. After being offered a plea agreement to a Class B felony, the client hired a different attorney to try to get a better plea. Canada withdrew as attorney, and the trial court later released $10,000 of the cash bond for his fee.

The hearing officer concluded that the fee agreement was reasonable. The justices concluded that the Disciplinary Commission didn’t prove by clear and convincing evidence that Canada did not fully earn his flat fee.
 

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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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