ILNews

Disciplinary actions - 5/8/13

Back to TopCommentsE-mailPrintBookmark and Share
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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT