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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. 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.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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