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Disciplinary Actions - 12/22/10

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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.

Resignation
D. Charles Gantz of Johnson County resigned from the Indiana bar, pursuant to Indiana Admission and Discipline Rule 23(17). The resignation was accepted in a Supreme Court order filed Dec. 3, 2010, and is effective immediately. Gantz is ineligible to petition for reinstatement to the practice of law 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.

Public reprimand
Hiroaki Nishikawara of Marion County received a public reprimand in a Supreme Court order filed Dec. 3, 2010, for violating Indiana Professional Conduct Rule 8.4(b) which prohibits committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer. On Feb. 27, Nishikawara entered into a plea agreement under which he admitted to a charge of patronizing a prostitute, a Class A misdemeanor, and executed an Agreement to Withhold Prosecution. The agreement required him to comply with conditions including completion of six hours of community service and attendance at a Patronizing Impact Panel. The order stated that Nishikawara completed those requirements, cooperated with the commission, and has no prior criminal or disciplinary history.

Reinstatement
Douglass O. Beerbower of Allen County has been reinstated to the practice of law in Indiana by a Supreme Court order filed Dec. 10, 2010. Beerbower is subject to probation of at least three years on the conditions that he continue his participation in JLAP and that he has no violations of his JLAP agreement, the law, or the Rules of Professional Conduct. He was suspended for a minimum of two years in 2007 when he was incarcerated for operating a vehicle while intoxicated.•

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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