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Disciplinary Actions -1/30/13

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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.

Reciprocal discipline
Mark J. Hughes has been suspended indefinitely from the practice of law in Indiana, as of Jan. 8, per a Supreme Court order. Hughes, who is also admitted to practice in Arizona, was disbarred from practice in Arizona in May 2012. If Hughes is reinstated in Arizona, he may file for reinstatement in Indiana, provided there is no other suspension order in effect.

Suspension
William E. Dittrich, of Porter County, has received a 90-day suspension with automatic reinstatement from the Supreme Court, per a Jan. 10 order. Dittrich admitted to four counts of misconduct occurring from 2008 to 2010, including failing to do the work he was hired to do and failing to safeguard unearned fees by placing them in a trust account. He knew he was suffering from depression and other health-related issues that interfered with his ability to attend to his clients’ needs.

After the verified complaint was filed, Dittrich made full refunds of unearned fees. He has violated Indiana Professional Conduct Rules 1.3: Failure to act with reasonable diligence and promptness; 1.4(a)(3): Failure to keep a client reasonably informed about the status of a matter; 1.4(a)(4): Failure to comply promptly with a client’s reasonable requests for information; 1.15(a): Failure to safeguard property of a client; 1.16(a)(2): Failure to withdraw from representation when the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; 1.16(d): Failure to refund an unearned fee promptly upon termination of representation; and 3.2: Failure to expedite litigation consistent with the interests of a client.

The costs of the proceeding are processed against Dittrich. His suspension begins Feb. 15.

Diamond Z. Hirschauer, of Marion County, has been suspended indefinitely per a Jan. 10 Supreme Court order because more than six months have passed since Hirschauer was suspended due to noncooperation with the disciplinary process. The conversion to the indefinite suspension was effective the date of the order. To be readmitted to practice, Hirschauer must cure the causes of all suspensions in effect and successfully petition the Supreme Court for reinstatement.

Thomas N. Nuttle, of Elkhart County, has been suspended indefinitely per a Jan. 10 Supreme Cout order because more than six months have passed since he was suspended due to noncooperation with the disciplinary process. The conversion to the indefinite suspension was effective the date of the order. To be readmitted to practice, Nuttle must cure the causes of all suspensions in effect and successfully petition the Supreme Court for reinstatement.

Jon A. Criss, of St. Joseph County, has been suspended pendente lite from the practice of law, effective Jan. 10, per a Supreme Court order. Criss was found guilty of Class D felonies possession of methamphetamine and maintaining a common nuisance. The interim suspension shall continue until further order of the court or final resolution of any resulting disciplinary action, provided no other suspension is in effect.

Marla E. Muse, of Marion County, has been suspended for 180 days, with 30 days served and the remainder stayed subject to at least two years of probation, per a Jan. 11 Supreme Court order. Muse pleaded guilty in April 2012 to Class D felony possession of marijuana. She agreed with the Disciplinary Commission that she violated Indiana Professional Conduct Rule 8.4(b), which prohibits committing a criminal act that reflects adversely on trustworthiness or fitness as a lawyer.

She has entered into a voluntary monitoring agreement with the Judges and Lawyers Assistance Program. Muse’s suspension begins Feb. 15, and the costs of the proceeding are assessed against her.

Resignation
Olubunmi O. Okanlami, of St. Joseph County, has resigned from the bar, effective Jan. 10. Any disciplinary proceedings pending against Okanlami have been dismissed as moot. She is not eligible to petition for reinstatement to practice for five years. The costs of the proceeding are accessed against Okanlami.

Leonard M. Holajter, of Lake County, has resigned from the bar, effective Jan. 14. Any disciplinary proceedings pending against him are dismissed as moot. The costs of the proceeding are accessed against Holajter, and he is ineligible to petition for reinstatement for five years.•

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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