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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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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