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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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