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Disciplinary actions - Sept. 25, 2013

September 25, 2013
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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.

Public reprimand
Lonnie M. Randolph, of East Chicago, received a public reprimand from the Indiana Supreme Court in an order filed Sept. 5, 2013.

Randolph was found to have violated Indiana Professional Conduct Rule 1.1: Failure to provide competent representation; Rule 1.3: Failure to act with reasonable diligence and promptness; Rule 3.1: Asserting a position for which there is no non-frivolous basis in law or fact; Rule 1.5(a): Making an agreement for, charging, or collecting an unreasonable fee; and Rule 1.16(d): Failure to refund an unearned fee upon termination of representation.

The court found that Randolph took money from a client for a sentence modification that he should have known was not possible, and then continued to seek post-conviction relief for his client but failed to adequately instruct or communicate with him. Disputes over fees ensued. Randolph has received two prior private reprimands, and he acknowledged his present misconduct by resolving this matter by conditional agreement. Cost of proceedings are assessed against him.

Randolph is an Indiana state senator representing District 2.

Lori Ann Hittle, of Cicero, received a public reprimand from the Indiana Supreme Court in an order filed Sept. 12, 2013.

Hittle was found to have violated Indiana Professional Conduct Rule 8.4(d) which prohibits engaging in conduct prejudicial to the administration of justice. In April 2012, while serving as a part-time deputy prosecutor in Howard County, she pleaded guilty to operating a vehicle while intoxicated, a Class A misdemeanor. The order states that Hittle had no disciplinary history, cooperated with the Supreme Court Disciplinary Commission, was remorseful, served a one-month suspension without pay from her position as deputy prosecutor, and began individual substance abuse counseling prior to the filing of criminal charges.

Suspension
Jerry L. Peteet, of Gary, was suspended from the practice of law in Indiana, effective immediately, by the Indiana Supreme Court in an order filed Sept. 6, 2013.

Peteet was found guilty of the following felonies under federal law: racketeering and attempt to commit murder in aid of racketeering activity. The interim suspension will continue until further order of the court or final resolution of any resulting disciplinary action, provided no other suspension is in effect.

Earl C. Mullins Jr., of Louisville, Ky., was suspended indefinitely from the practice of law in Indiana, beginning Oct. 18, 2013, by the Indiana Supreme Court in an order filed Sept. 6, 2013.

The suspension was reciprocal discipline imposed as the result of a suspension ordered by the Supreme Court of Kentucky. Mullins was suspended from the practice of law in Kentucky for 90 days, with 30 days actively served and 60 days probated for two years on the condition that he receive no further disciplinary charges. The Indiana court order states that if Mullins is reinstated to practice in Kentucky, he may file a Motion for Reinstatement after his minimum 30-day active suspension in Indiana pursuant to and in full compliance with Admission and Discipline Rule 23(28)(e), provided there is no other suspension order in effect.

Joseph B. Barker, of Martinsville, was suspended for 30 days from the practice of law in Indiana, effective Oct. 14, 2013, by the Indiana Supreme Court in an order filed Sept. 6, 2013.

During his representation of a father in a dissolution action, Barker wrote in a letter to the mother’s attorney that the mother does not understand what laws mean, probably because she is an illegal alien. The court found “accusing Mother of being in the country illegally is not legitimate advocacy concerning the legal matter at issue and served no substantial purpose other than to embarrass or burden Mother.”

The Supreme Court Disciplinary Commission charged Barker with violating Indiana Professional Conduct Rules 4.4(a): Using means in representing a client that have no substantial purpose other than to embarrass, delay or burden a third person; and 8.4(g): Engaging in conduct, in a professional capacity, manifesting bias or prejudice based upon race, gender, religion, national origin, disability, sexual orientation, age, socioeconomic status, or similar factors, and this conduct was not legitimate advocacy.

Barker will be automatically reinstated at the conclusion of the 30-day period provided no other suspensions are in effect.

Jeffrey D. Heck, of Carmel, was suspended from the practice of law in Indiana, effective immediately, by the Indiana Supreme Court in an order filed Sept. 5, 2013. Heck was suspended for noncooperation with the Supreme Court Disciplinary Commission. The suspension will continue until the commission certifies that he has fully cooperated with the investigation, the investigation or any disciplinary proceedings arising from the investigation are disposed of, or until further order of the court.

James C. Kotz, of Munster, was suspended from the practice of law in Indiana, effective Sept. 12, the date of the Indiana Supreme Court order. Kotz was found guilty of the following felony under federal law: interference with administration of internal revenue laws. The interim suspension will continue until further order of the court or final resolution of any resulting disciplinary action, provided no other suspension is in effect.

Resignation
Resignation from the Indiana bar by Timothy V. Clark, of Indianapolis, was accepted by the Indiana Supreme Court in an order filed Sept. 6, 2013. Any attorney disciplinary proceedings pending were dismissed.

The order states that Clark had an extensive history of discipline, including a warning that any future misconduct could lead to a sanction up to and including disbarment. The order states that the misconduct charged in the verified complaint would likely have resulted in permanent disbarment had he not chosen voluntary resignation from the bar. If Clark seeks reinstatement, the misconduct admitted in the affidavit of resignation, as well as any other allegations of misconduct, will be addressed in the reinstatement process.•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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