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Disciplinary Actions - 6/19/13

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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
The Indiana Supreme Court issued a May 30 order suspending more than 300 attorneys for either not paying the annual registration fee required to practice in Indiana, not making the IOLTA certification required and/or failing to comply with certain continuing legal education requirements. Since the order was released, the court has vacated attorneys Hamilton L. Carmouche, Joy McCray Pearson and Douglas Peters from the original listing. Those who do not remedy the reason for their suspension will have their suspensions take effect June 27. The original list may be viewed in the May 30 order at http://www.in.gov/judiciary/2768.htm.

Thomas R. Philpot, of Lake County, has been suspended pendente lite, effective 15 days from the May 30 Supreme Court order. Philpot was found guilty of two counts of mail fraud and one count of theft from a federally funded program. All are felonies.

He was convicted in September 2012 of taking more than $24,000 from federal funds for child support that he oversaw as clerk from December 2004 to November 2009. He was ordered to begin his sentence in February.

Mary K. Kleiss, of Marion County, has been suspended from the practice of law due to disability, per a May 30 order. Kleiss submitted an affidavit of consent to disability suspension. Her suspension took effect immediately, and she may petition for reinstatement upon termination of the disability.

Randy C. Eyster, of Marion County, has been suspended for 90 days, with it all stayed subject to completion of at least two years of probation, per a May 30 order. Eyster pleaded guilty in August 2011 to operating while intoxicated with at least 0.08 grams of alcohol per 210 liter of breath, a Class C misdemeanor. Nearly two years later, he pleaded guilty to OWI endangering a person as a Class C misdemeanor and Class D felony OWI with a previous OWI conviction within five years. He was found to have violated Indiana Professional Conduct Rule 8.4(b).

As part of his probation, he must refrain from using alcohol or mind-altering substances except as prescribed and comply with all Judges and Lawyers Assistance Program requirements. The costs of the proceedings are assessed against Eyster. Justice Loretta Rush and Chief Justice Brent Dickson dissent, with Dickson believing that the proposed discipline is significantly inadequate in light of his felony conviction.

Julia N. Compton, of Johnson County, has been suspended for 180 days, with it all stayed subject to the completion of at least two years of probation, per a May 30 order. Compton pleaded guilty in April 2012 in Marion County to misdemeanor public intoxication; in May 2012, she pleaded guilty in Hancock County to misdemeanor resisting law enforcement and public intoxication. She pleaded guilty in October 2012 to Class D felony operating a vehicle while intoxicated and was granted alternative misdemeanor sentencing. She was incarcerated for four months, according to the order.

Compton violated Indiana Professional Conduct Rule 8.4(b). She must refrain from use of alcohol and mind-altering substances while on probation, follow all Judges and Lawyers Assistance Program requirements, and not violate criminal law or the rules of professional conduct. The costs of the proceeding are assessed against her. Justice Loretta Rush and Chief Justice Brent Dickson dissent, with Dickson believing that the proposed discipline is significantly inadequate in light of Compton’s felony conviction.

Alex R. Voils, of Boone County, has been suspended for 30 days for his handling of a claim for accidental death benefits under a life insurance policy, per a May 30 order. The insurance company denied the claim and Voils did little to press the claim against the insurance company. He was fired, and later failed to timely respond to the Disciplinary Commission’s demand for a response to the grievance filed by the former client.

The order notes that Voils had physical and mental health problems at the time of the misconduct. He was found to have violated Indiana Professional Conduct Rules 1.3, 1.16(d) and 8.1(b). The justices also noted that his punishment may have been more severe if not for the commission’s agreement to the proposed discipline.

Voils’ suspension takes effect July 12, and he will be automatically reinstated provided there are no other suspensions in effect. Justice Steven David did not participate.

Shane E. Beal, of Grant County, has been indefinitely suspended in seven separate causes for noncooperation, per a May 30 order. In each of the cases, Beal was ordered to show cause within 10 days, but has still not cooperated in three of the causes. He has responded adequately to the Disciplinary Commission regarding three other causes and responded falsely to the show cause order in the remaining case.

The court also granted the commission’s request that he reimburse the costs in six of the cases in the amount of $512.22 per case.•

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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