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Disciplinary Actions -4/24/13

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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.

Public reprimand
Ray W. Robison, of Lawrence County, has been publicly reprimanded by the Indiana Supreme Court in an April 9 order. The attorney signed a co-representative’s name on a document and forwarded it to be signed by the other co-representative, who recognized that the signature was not her sister’s.

Robison violated Indiana Professional Conduct Rule 8.4(c), which prohibits engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. The costs of the proceeding are assessed against Robison.

Chief Justice Brent Dickson dissented, to which Justice Loretta Rush concurred, believing Robison should receive a substantial period of suspension.

Suspension
Edgardo J. Martinez Suarez, of Hamilton County, has been suspended for 60 days by the Indiana Supreme Court in an April 2 order. The suspension is stayed subject to completion of at least two years of probation.

Martinez Suarez violated several Indiana Professional Conduct and Admission and Discipline rules, including Professional Conduct Rule 1.5(b) for failure to timely withdraw earned fees and personal monies from client trust account funds; and Admission and Discipline Rule 23(29)(a)(2) and (3) for failure to maintain proper records for trust account activities. An in-house audit of Martinez Suarez’s trust account by the Disciplinary Commission revealed violations from 2006 to 2012, including at least six instances of paying personal and business expenses from the trust account. The costs of the proceeding are assessed against him.

Marisa Aguilar, of Marion County, has been suspended for 30 days by the Indiana Supreme Court in an April 2 order. The suspension is stayed subject to completion of at least two years of probation.

Aguilar violated several Indiana Professional Conduct and Admission and Discipline rules, including Professional Conduct Rule 1.15(a) for failure to maintain and preserve complete records of client trust fund accounts; and Admission and Discipline Rule 23(29)(a)(5) for making withdrawals from a trust account without written withdrawal authorization stating the amount and purpose of the withdrawal and payee.

The Disciplinary Commission learned of an overdraft on Aguilar’s trust account, and she failed to respond to demands for a documented explanation. Her trust account was audited after a grievance was filed and showed that she made several deposits and disbursements from her trust account without creating or retaining adequate documentation. The costs of the proceeding are assessed against her.

Octavia F. Snulligan, of Marion County, has been suspended immediately by the Indiana Supreme Court for noncooperation with the Disciplinary Commission, per an April 15 order. The suspension will continue until the Disciplinary Commission executive secretary certifies that Snulligan has cooperated with the investigation; the investigation or any disciplinary proceedings arising from the investigation are disposed of; or until further order from the Supreme Court.

The costs of the proceeding are assessed against Snulligan.•
 

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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