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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. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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