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Disciplinary Actions - 7/30/14

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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.

Resignation
Scott C. Cole, of Hendricks County, has resigned from the Indiana bar, effective July 10. Any disciplinary proceedings pending against Cole are dismissed as moot. He is not eligible to petition for reinstatement for five years. The costs of the proceeding are assessed against him.

Suspension
Benjamen W. Murphy, of Lake County, has been suspended for six months, beginning Aug. 22, with 60 days actively served and the remainder stayed subject to completion of at least three years of probation with Judges and Lawyer Assistance Program monitoring. In April 2003, Murphy pleading guilty to one count of reckless driving arising from an incident in April 2003. In December 2013, Murphy pleaded guilty to operating with a B.A.C. of at least 0.15, a charge arising from an incident in July 2009. Since his admission to the bar in 1998, Murphy has been charged on seven occasions with traffic violations between April 2003 and November 2012 – with the first six occasions including the charge of OWI.

The justices found Murphy violated Indiana Profession Conduct Rule 8.4(b). If Murphy violates his probation, the balance of the stayed suspension will be actively served without automatic reinstatement. The costs of the proceeding are assessed against him.•

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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