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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. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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