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Disciplinary Actions - 6/5/13

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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
Arthur J. Usher IV, of Marion County, has been suspended for three years, per a May 17 order. Rejected romantic advances toward a summer intern led him to have his paralegal email more than 50 attorneys a video clip purporting to depict the former intern nude in a film. Read more on page 20.

Octavia F. Snulligan, of Marion County, has been suspended for at least 30 days without automatic reinstatement, per a May 13 order. She was suspended at the time of this order for noncooperation with the Indiana Supreme Court Disciplinary Commission in a separate action. That suspension has since been terminated due to her cooperation with the commission in that action.

The justices found she violated Indiana Professional Conduct Rules 1.5(a) by collecting an unreasonable fee; and 1.16(d) for failure to refund an unearned fee upon termination of representation. Snulligan did not keep any contemporaneous records of the work she did on a criminal case in which her client later terminated her services and sought an itemization of services performed and a refund. The hearing officer found Snulligan did little work to benefit the client and should refund the family at least $5,000.

She may petition for reinstatement upon filing proof that she refunded the client the unearned fees. The costs of the proceeding are assessed against her.

Jeremy S. Brenman, of Monroe County, has been suspended in three separate causes, per May 16 orders. His suspensions are for noncooperation with the Indiana Supreme Court Disciplinary Commission. The suspensions take effect immediately, and he is ordered to reimburse the Disciplinary Commission $511.50 for each cause.

Shante P. Henry, of Lake County, has been suspended for noncooperation with the Indiana Supreme Court Disciplinary Commission, per a May 16 order. The suspension is effective immediately, and Henry is ordered to reimburse the Disciplinary Commission $511.50 for the costs of the proceeding.

Lisa M. Crawford, of St. Joseph County, has been suspended in Indiana due to her suspension in Illinois, per a May 16 order. Crawford has not responded to a March 5, 2013, order to show cause. The suspension is effectively immediately and the costs of the proceeding are assessed against her.

Public reprimand
Randy A. Godshalk, of Lake County, has received a public reprimand from the Indiana Supreme Court in a May 23 order. The justices found he violated Indiana Professional Conduct Rules 1.1, 1.7(a), 5.3(b) and 5.5(a). J.B., who was facing criminal charges, went to Godshalk’s office to hire him to represent her. A nonlawyer assistant agreed to the representation, used a rubberstamp for Godshalk’s signature, and filed the appearances. J.B. was allegedly battered by R.M., a client of Godshalk. At the time J.B. came to Godshalk’s office, he should have known that she was a victim and witness in R.M.’s criminal case. Godshalk was eventually disqualified from R.M.’s case and withdrew his representation of J.B.

The justices also found Godshalk’s actions did not conform to Indiana Professional Conduct Guidelines 9.3(a) and 9.3(b) regarding the use of nonlawyer assistants. The costs of the proceeding are assessed against him.

Termination of Suspension
Octavia F. Snulligan, of Marion County, had her suspension in the matter of 49S00-1301-DI-55 terminated as of May 17, according to a May 21 order from the Indiana Supreme Court. The Indiana Supreme Court Disciplinary Commission filed a certification of compliance responding Snulligan had cooperated with the investigation in this case. Her suspension ordered in one or more other cases remains in effect, and she can’t be reinstated until all causes for suspension are cured. Her failure to pay any outstanding costs in the case due Oct. 1 will result in suspension.•

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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