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Disciplinary Actions - 11/24/10

November 24, 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.

Disbarment
William J. Rawls of Marion County has been disbarred from the practice of law in the state of Indiana effective Dec. 27, 2010. The Indiana Supreme Court found that Rawls engaged in a pattern of serious violations of the Indiana Professional Conduct Rules. His history of discipline, including a prior suspension for misconduct, was a substantial fact in aggravation.

Other prior discipline included suspensions for CLE noncompliance, dues nonpayment, and noncooperation with the Indiana Supreme Court Disciplinary Commission (which were dismissed after compliance).

In the Per Curiam order filed Nov. 12, 2010, the court stated, “Respondent has demonstrated a pattern of neglect of his clients’ cases, resulting in adverse dispositions, suspension of one client’s driver’s license, a missed opportunity to settle, and undue delay. Respondent made a series of intentional misrepresentations to the Commission during its investigations of grievances. Respondent created a fraudulent receipt, criminally forged a client’s name on it, and submitted it to the Commission, acting as an agency of this Court, with the intent of deceiving the Commission.”

The order states that the hearing officer recommended that the discipline “imposed should be severe, in accordance with [Respondent’s] dereliction of his duties.” The commission filed a brief on sanction arguing that Rawls misconduct, coupled with his prior suspensions, warranted disbarment. In its order of disbarment, the court acknowledged the severity of this sanction, stating that it is reserved for the most serious misconduct.

Suspension
Andrew E. Clark of Marion County has been suspended from the practice of law in Indiana effective immediately. In an order filed Nov. 3, 2010, the Indiana Supreme Court suspended Clark for noncooperation with the Indiana Supreme Court Disciplinary Commission. Pursuant to Admission and Discipline Rule 23(10)(f)(3), the suspension will continue until: (1) the Disciplinary Commission certifies that Clark has cooperated fully with the investigation; the investigation or any disciplinary proceedings arising from the investigation are disposed of; or until further order of the court.

Resignation
Mark A. Ryan of Howard County has resigned from the Indiana bar effective immediately. In an order issued Nov. 12, 2010, the Indiana Supreme Court accepted Ryan’s resignation and dismissed any attorney disciplinary proceedings pending against him.

Clark is ineligible for petition for reinstatement to the practice of law in Indiana for five years. Approval of a petition for reinstatement is discretionary and requires clear and convincing evidence of his remorse, rehabilitation, and fitness to practice law.•

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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