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Disciplinary Actions - 6/18/14

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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.

Termination of Noncooperation Suspension

The Indiana Supreme Court terminated the suspension of Brad J. Weber, of Adams County, May 14. He was suspended for failure to cooperate with the Disciplinary Commission. He is reinstated to the practice of law as long as no other suspension is in effect.

Suspension
Hubert E. Kelly has been suspended from the practice of law in Indiana due to a suspension from practice in Arizona. He is suspended indefinitely in Indiana, per a May 29 order. If Kelly is reinstated in Arizona, he may file for reinstatement in Indiana.

Craig R. Benson, of Monroe County, has been suspended for at least 180 days, without automatic reinstatement, per a June 2 order. Justice Steven David dissented, seeking a more severe sanction. Benson, while representing two companies in a debt-collection action, ignored a court order to not distribute $75,000 in proceeds from the sale of the companies’ assets. Benson distributed nearly half of the money to himself for attorney fees and the remaining money to various creditors of the clients. He also advised these two companies to file for bankruptcy to remove jurisdiction from the state trial court to circumvent the trial court’s orders. The trial court found him in contempt for violating the order, fined him $75,000 and ordered him incarcerated until the fine was paid. He spent two days in jail and was released.

The justices found he violated Indiana Rules of Professional Conduct 3.4(c) and 8.4(d). Benson’s suspension begins July 14 and the costs of the proceeding are assessed against him.•

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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