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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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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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