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Disciplinary Actions - 10/12/11

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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.

Suspension
James S. Dal Santo of Lake County has been suspended from the practice of law in Indiana for a period of 180 days, beginning Nov. 1, with 60 days actively served and the remainder stayed subject to completion of 18 months of probation. The suspension was made in a Supreme Court order issued Sept. 19, 2011. Dal Santo admitted numerous trust account violations from 2005 to 2009, which included writing checks that did not clear due to insufficient funds, allowing the balance to become negative, writing checks to “cash,” using trust funds for personal expenses and failure to keep proper records of his trust account. Dal Santo violated Indiana Professional Conduct Rule 1.15(a) by failing to safeguard property of clients, treating client funds as his own, and failing to maintain and preserve complete client trust account fund records; Rule 8.4(b), which prohibits committing a criminal act of conversion that reflects adversely on the lawyers honesty, trustworthiness or fitness as a lawyer; Indiana Admission and Discipline Rule 23(29)(a)(3-5) by failing to maintain and preserve trust fund records, comingling of trust funds with other attorney or firm money and making withdrawals from a trust account without written authorization or making withdrawals from those accounts by checks payable to “cash.” All justices concurred, except Justice Steven David who would reject the conditional agreement, believing the discipline is insufficient in light of the admitted misconduct.

Everett E. Powell, II of Marion County has been suspended from the practice of law in Indiana for a period of not less than 120 days, without automatic reinstatement, beginning Nov. 11. A per curiam order from the Supreme Court Sept. 29, 2011, concluded that Powell violated Indiana Professional Conduct Rule 1.5(a) by collecting a clearly unreasonable and exploitive fee from a vulnerable client. In 2004, Powell consulted with a woman and her boyfriend about access to a trust holding money she obtained from a settlement of a personal injury action. The woman had a history of drug and alcohol abuse and claimed to be in an abusive and controlling relationship, and another attorney declined to give her access to the trust account. She went to Powell, who agreed to a contingency fee of one-third of whatever was in the trust. As soon as he became successor trustee, Powell deposited a check that was intended to pay for medical bills into the trust and paid himself $14,815.55 as his fee. He gave the client nearly $30,000 and the remaining funds stayed in the account until bank fees depleted them.

Barbara L. Barkas of Marion County has been suspended from the practice of law, effective immediately, for noncooperation with the disciplinary commission in an investigation of a grievance filed against her. The suspension was issued by the Supreme Court Sept. 29, 2011. Barkas was already suspended for CLE noncompliance, effective June 20.

Stuart K. Baggerly of Monroe County has been suspended from the practice of law in Indiana for a period of 30 days, beginning Nov. 11, with automatic reinstatement. The Supreme Court issued the suspension in an order filed Sept. 30, 2011. A father retained Baggerly in 1998 to represent him and his daughters in seeking damages for injuries they sustained in a car accident. After Baggerly negotiated a settlement on the three claims, he lost or misplaced a $5,000 check he received in 2000 for one of the daughters and, during the next 10 to 11 years, failed to respond to the clients’ repeated requests for the money. A disciplinary action filed in June 2011 led to Baggerly paying the clients $8,000 by cashier’s check. Baggerly admitted to violating Rule 1.1: failure to provide competent representation; Rule 1.3: failure to act with reasonable diligence and promptness; 1.4(a): failure to keep a client reasonably informed about the status of a matter and respond promptly to reasonable requests for information; 1.15(a): failure to hold property of clients properly in trust; and 1.15(d): failure to deliver promptly to a client funds that person is entitled to receive.

Olubunmi O. Okanlami of St. Joseph County received an interim suspension from the Supreme Court on Oct. 6, 2011, effective 15 days from the date of the order and until further order from the court or a final resolution of any resulting disciplinary matter. The suspension comes after Okanlami was found guilty of felony battery and residential entry stemming from an incident in December 2010.

Resignation
Janet B. Mallett of Marion County has resigned from the bar, effective immediately by a Supreme Court order issued Sept. 19, 2011, pursuant to Indiana Admission and Discipline Rule 23(17). The pending disciplinary action against her is dismissed as moot, and she will be ineligible to petition for reinstatement for five years according to Admission and Discipline Rule 23(4)(a).

Action Dismissed
Jacob A. Atanga of Marion County has had one disciplinary action dismissed by the Supreme Court. Atanga was suspended Aug. 19 for noncooperation with the disciplinary commission’s investigation of a grievance filed against him, and on Sept. 19, 2011, the commission filed a certificate of compliance stating that Atanga has cooperated with the investigation and that his suspension in this case should be revoked. Suspensions ordered in one or more other disciplinary actions remain in effect. He will not be listed as reinstated until all causes for suspension are cured.

Deborah D. Kubley of Monroe County has had one disciplinary action dismissed by the Supreme Court. She was suspended Dec. 27, 2010, for noncooperation with the disciplinary commission’s investigation of a grievance filed against her, and on Sept. 19 the commission filed a certificate of compliance stating that Kubley has now cooperated with the investigation and that her suspension in this case should be revoked. Suspensions ordered in one or more other disciplinary actions remain in effect. She will not be listed as reinstated until all causes for suspension are cured.

Contempt of Court
John L. Peak of Monroe County has been fined $500 in contempt of court for practicing law while suspended. The Supreme Court issued an order Sept. 30, 2011. The disciplinary commission asserted that Peak appeared in court March 29 on behalf of a client and again on June 28, following his June 2010 suspension for CLE noncompliance and dues nonpayment.•

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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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