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Disciplinary Actions - 11/10/10

November 10, 2010
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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.

Suspensions
Debra Lee Fannin Hill a/k/a Debra Fannin Graham has been suspended indefinitely from the practice of law in Indiana effective Oct. 25, 2010, according to a Supreme Court order imposing reciprocal discipline. Hill is admitted to practice law in Indiana and Tennessee, and was disbarred by the Supreme Court of Tennessee June 16, 2010. Hill was already suspended in Indiana pursuant to an order of reciprocal discipline dated Dec. 10, 2009, based on a July 8, 2009, order of suspension by the Supreme Court of Tennessee.

Steven F. Fillenwarth of Marion County has had his effective date of suspension postponed, according to a Supreme Court order Nov. 4. The Supreme Court ordered his suspension to begin Nov. 12, but Fillenwarth filed a motion to postpone until Jan. 17, 2011, to allow him to complete his current tour of duty in Iraq with the Army JAG Corps. The justices granted the motion and postponed his suspension until Jan. 17. Justice Steven David did not participate in the case.

Reinstatement
Thomas W. Belleperche of Allen County has been conditionally reinstated as a member of the Indiana bar subject to the terms and conditions of probation stated in an Oct. 25, 2010, order from the Supreme Court. Belleperche had been suspended for six months on Sept. 27, 2005, all stayed, subject to probation of at least 24 months. His probation was revoked for violations by order dated May 3, 2006, and the Supreme Court suspended him for six months without automatic reinstatement effective June 12, 2006. Belleperche filed a petition for reinstatement Jan. 6, 2010, and on Sept. 20, 2010, the Disciplinary Commission filed its recommendation that he be reinstated to the practice of law conditioned on certain terms of probation.

Belleperche will be reinstated subject to successful completion of probation of at least three years on terms to be determined by JLAP consistent with the hearing officer’s recommendations; he shall have no violations of the terms set by JLAP, the law, or the Rules of Professional Conduct during his probation; and if he violates his probation the commission may petition the Supreme Court to revoke his probation and to re-impose his suspension without automatic reinstatement. •

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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