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Disciplinary Actions - 2/2/11

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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.

Reinstatement
Marc C. Laterzo of Lake County has been conditionally reinstated as a member of the Indiana bar in a Supreme Court order filed Jan. 10, 2011. He has been placed on probation by the Supreme Court Disciplinary Commission for a period of no less than one year with the conditions that he (1) continues counseling and other conditions to be determined by the Indiana Judges and Lawyers Assistance Program; (2) does not violate the terms of the JLAP monitoring agreement, the law, or the Rules of Professional Conduct; and (3) if he violates his probation, the commission may petition to revoke his probation and request his suspension be reimposed without automatic reinstatement.

Suspension
F. Scott Stuard of Clinton County has been suspended from the practice of law in a Supreme Court order filed Jan. 14, 2011. The suspension is effective Feb. 25 and will run for 60 days with automatic reinstatement. The court found that Stuard violated Indiana Professional Conduct Rules 1.3: failure to act with reasonable diligence and promptness; 1.4(a)(3): failure to keep a client reasonably informed about the status of a matter; 1.4(b): failure to explain a matter to the extent reasonably necessary to permit a client to make informed decisions; 1.8(h)(2): settling a malpractice claim with an unrepresented client without advising the client in writing of the desirability of seeking advice from independent counsel; and 8.4(c): engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.•

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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