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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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