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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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