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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. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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