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Disciplinary Actions -1/5/11

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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
Daniel C. McCarthy of Johnson County was suspended from the practice of law for a period of not less than 30 days in a Supreme Court order filed Dec. 21, 2010. The suspension begins Jan. 28, 2011. McCarthy violated Professional Conduct Rule 8.4(g) which prohibits engaging in conduct, in a professional capacity, manifesting bias or prejudice based upon race, unless the conduct constitutes legitimate advocacy. McCarthy used a “derogatory racial insult” in an e-mail concerning a legal matter. Because he denied committing any misconduct, has offered no apology or other indication of remorse, and has a prior disciplinary suspension, the court concluded that a suspension was warranted and that McCarthy should go through the reinstatement process to prove his understanding of his ethical duties and remorse before resuming practice.

Twelve Indiana attorneys were suspended from the practice of law by the Indiana Supreme Court in an order filed Dec. 20, 2010. The lawyers were suspended for remaining delinquent regarding compliance with certain continuing legal education requirements for the period ending Dec. 31, 2009. The lawyers suspended either failed to meet the extended deadlines to complete their CLE and/or they didn’t pay applicable delinquency fees, or they resumed active status less than one year after having assumed inactive status. Suspensions for the following are effective immediately: Herbert L. Segal (Louisville, Ky.); Gary D. Sallee (Fishers, Ind.); Joseph L. Hardesty (Louisville, Ky.); William L. Nie (Columbus, Ind.); Amy G. Grogan (Elmhurst, Ill.); Jason D. Bray (Maitland, Fla.); Apexa Patel (Fort Wayne, Ind.); Marc J. Moss (Carmel, Ind.); Christopher M. Nixon (Conifer, Colo.); Andrew R. Choate (Bargersville, Ind.); Jennifer L. Vaughn (Chicago, Ill.); Lin Lin C. Ding (Shanghai, China).

Public reprimand
Stephen A. Kray of LaPorte County received a public reprimand in a Supreme Court order filed Dec. 17, 2010. In his representation of a client in a dissolution case, Kray violated Indiana Professional Conduct Rules 1.4(b) failure to explain a matter (the basis of his fee) to the extent reasonably necessary to permit a client to make informed decisions; 1.5(b) failure to communicate the basis or rate of the fee for which a client will be responsible; 1.5(d) entering into a contingent fee agreement in a dissolution case; and 1.15(a) failure to deposit legal fees paid in advance into a client trust account. In its order, the Supreme Court indicated that Kray was cooperative, accepted responsibility for his actions, and has become more knowledgeable about the issues involved and has taken steps to revise his fee agreements.•

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  1. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

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