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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. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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