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Disciplinary Actions - 6/22/12

IL Staff
June 20, 2012
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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
Antolin J. Reiber, of Marion County, has been suspended for six months by the Indiana Supreme Court, per a June 5, 2012, order. The justices found Reiber violated Indiana Professional Conduct Rules 1.16(d): failure to refund an unearned fee promptly upon termination of representation; 1.8(j): engaging in a sexual relationship with a client unless it began prior to the representation; 1.16(a)(1): failure to withdraw from representation when the representation will result in violation of the Rules of Professional Conduct or other law; and 8.1(b): failure to respond in a timely manner to the commission’s demands for information.

The charges stem from two counts: Reiber initially refusing to refund a client’s advance payment after he was terminated as the client’s attorney and for having a sexual relationship with a different client he was representing in a protective order case. Although Reiber has not been disciplined previously for misconduct, he has had a history of noncooperation with the disciplinary commission. Previous disciplinary matters had all been dismissed. The suspension begins July 17, the costs of the proceedings are assessed against him, and Reiber may not be automatically reinstated.

Jacob A. Atanga, of Marion County, has had his suspension for noncooperation converted into an indefinite suspension, effective immediately, for failure to cooperate with the disciplinary process, per a June 5, 2012, Indiana Supreme Court order. Atanga was suspended in February for noncooperation under one pending disciplinary matter and was ordered to show cause in two other matters earlier this year. The disciplinary commission noted that Atanga has since cooperated with the commission, but objected to the lifting of his suspension based on his history of noncooperation. The other two matters from earlier this year have been dismissed as moot given his indefinite suspension.

Kristin D. Miller, of Marion County, has been suspended for noncooperation, per a June 6, 2012, Indiana Supreme Court order. The justices ordered Miller to show cause in February as to why she should not be immediately suspended from the practice of law. Her suspension begins immediately and she is ordered to reimburse the disciplinary commission $511.18.

Reinstatement
Louis W. Denney, of Delaware County, has been reinstated in Indiana, per a June 5, 2012, Indiana Supreme Court order. The justices ordered his suspension May 25 for failing to pay costs assessed in a disciplinary action by Oct. 1, the due date of his annual registration fee.•

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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