ILNews

Disciplinary actions - Aug. 17, 2012

IL Staff
August 15, 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

Thomas E.Q. Williams, of Hancock County, has been suspended by the Indiana Supreme Court for two years without automatic reinstatement for charging an unreasonable attorney fee to an elderly client, converting funds belonging to the client, and related misconduct. The July 27, 2012, order says Williams also denied under oath that the funds he took from the client as her attorney were in fact for legal services after stating under oath in a prior civil suit that they were for attorney fees.

His suspension begins Sept. 7 and the costs of the proceeding are assessed against Williams. Justices Frank Sullivan and Mark Massa believed that Williams should have been disbarred.

Cecelia M. K. Hemphill, of Morgan County, has been suspended for at least six months without automatic reinstatement, per an Aug. 1, 2012, order. The justices found she violated Indiana Professional Conduct Rule 8.4(d) by failing to abide by the orders and procedures of the divorce court and a CHINS order and instead substituted her own judgment for that of the courts. Hemphill wanted to investigate whether the child of B.T. made up a story that her mother’s boyfriend touched her so she could live with B.T. Hemphill picked up B.T.’s children from school to speak with them alone, eventually took the children to have dinner with father, and then got lost trying to find a birthday party one of the children was to attend. She had the children for nearly six hours before dropping them off at the mother’s home.

Her suspension begins Sept. 7, and the costs of the proceeding are assessed against her.•

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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