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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. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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