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

  2. 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

  3. 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

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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