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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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