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Disciplinary Actions - 9/28/12

IL Staff
September 26, 2012
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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
John L. Stewart, of Marion County, has been suspended from practice for 180 days, with 90 days actively served and the remainder stayed subject to completion of at least two years of probation, per an Aug. 30, 2012, order. Stewart was convicted by a jury of operating while intoxicated with a prior conviction as a Class D felony, and related misdemeanors. Stewart did not report two prior guilty pleas to drunk-driving offenses with the disciplinary commission.

The justices found he violated Ind. Professional Conduct Rule 8.4(b) and Ind. Admission and Discipline Rule 23(11.1)(a)(2). The Supreme Court issued an interim suspension which took effect July 20. The costs of the proceedings are assessed against Stewart.

Blair A. Brown, of Adams County, has been suspended by the Indiana Supreme Court for 30 days, per an Aug. 30, 2012, order. The justices found he violated Indiana Professional Conduct Rules 1.3, 1.4(a), and 1.4(b) for not informing his client about the status of his appeal or taking further action. Brown was appointed in 1989 to pursue a criminal appeal of a client sentenced to 100 years on two child molesting convictions. It wasn’t until 2007 that the client, pro se, requested a new appellate counsel, who filed the client’s belated appeal.

The costs of the proceedings are assessed against Brown. His suspension begins Oct. 12.

Janice R. Gambill, of Porter County, has been suspended for at least six months without automatic reinstatement, per a Sept. 7, 2012, order. Gambill was hired in April 2008 to file a legal malpractice action against an Illinois attorney who represented the client in a personal injury case in an Illinois state court. Gambill filed a personal injury action in the Northern District of Indiana, which was dismissed. She then failed to respond to the client’s request for information about the legal malpractice action and lied about the matter. In 2010, she filed the legal malpractice against the Illinois attorney. The client terminated Gambill and hired a new attorney.

The justices cited Gambill’s disciplinary history, noting she was on probation when the current misconduct occurred. She violated Indiana Professional Conduct Rules 1.1: Failure to provide competent representation; 1.2(a): Failure to abide by a client’s decisions concerning the objectives of representation; 1.3: Failure to act with reasonable diligence and promptness; 1.4(b): Failure to explain a matter to the extent reasonably necessary to permit a client to make informed decisions; and 8.4(c): Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. The costs of the proceeding are assessed against Gambill.

Deborah S. Davis Julian f/k/a Kubley, of Johnson County, has been suspended for at least two years without automatic reinstatement, as of Sept. 7, 2012. Julian admitted to six counts of professional misconduct occurring between 2008 and 2011, including neglecting clients’ cases, failing to refund unearned fees, and failing to do the work for which she was hired. She has no disciplinary history and has completed a 90-day residential treatment program for alcohol addiction.

Julian also is currently suspended for noncooperation. The justices found she violated Indiana Professional Conduct Rules 1.3: Failure to act with reasonable diligence and promptness; 1.4(a)(3): Failure to keep a client reasonably informed about the status of a matter; 1.4(a)(4): Failure to comply promptly with a client’s reasonable requests for information; 1.16(d): After the termination of representation, failure to protect a client’s interests and failure to refund an unearned fee; 3.3: Failing to disclose a material fact to a tribunal; and 8.1(b): Knowingly failing to respond to a lawful demand for information from an admissions or disciplinary authority.

She must continue Judges and Lawyer Assistance Program monitoring. Justice Steven David dissented, believing disbarment is appropriate.

Contempt
Brian L. Nehrig, of Hamilton County, has been found in contempt of court for practicing law after resigning from the bar, per a Sept. 7, 2012 order. Nehrig pleaded guilty to mail fraud and was sentenced to three years’ probation in federal court for his role in a foreclosure scheme. He engaged in a pattern of fraudulent practices in representing a mortgage company in foreclosure actions, including altering sheriff’s deeds. He resigned from the bar in August 2007.

Nehrig has since been renting office space at the law office of John R. McManus Jr. and performing some work for the firm, including facilitating “short sales” of real estate. He has violated Admission and Discipline Rule 23(26)(b) by working at the office.

The justices fined Nehrig $1,000 and extended his removal from practice for an additional 120 days, effective at the end of his five-year removal from practice which began Aug 13, 2007. He has 60 days from Sept. 7 to pay the fine, and the costs of the proceeding are assessed against Nehrig.

Public reprimand
John T. McManus Jr., of Hamilton County, has received a public reprimand from the Indiana Supreme Court for his role in helping an attorney commit unauthorized practice of law. McManus allowed Brian Nehrig, who resigned from the bar following a federal conviction and investigation by the disciplinary commission, to rent space at his office. He knew Nehrig was involved in facilitating short sales but was not aware of outside activities Nehrig performed, such as working on tax issues or negotiating loan modifications.

The justices found in a Sept. 7, 2012, order that McManus violated Rule 5.5(a) by assisting Nehrig, “albeit indirectly” in the unauthorized practice of law. The costs of the proceeding are assessed against McManus.

Reinstatement
Patrick M. Schrems, of Monroe County, has been conditionally reinstated as a member of the Indiana bar and placed on probation for at least two years, according to an Aug. 30, 2012, order. Schrems was initially suspended for at least six months without automatic reinstatement on June 7, 2011. As part of his probation, Schrems must continue his monitoring agreement with the Indiana Judges and Lawyers Assistance Program. Any costs owed must be paid by Schrems.•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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