ILNews

Disciplinary Actions -3/2/12

IL Staff
February 29, 2012
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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.

Public reprimand
Kenneth D. Faw, of Fayette County, has received a public reprimand by the Indiana Supreme Court, per a Feb. 15, 2012, order. Faw, as prosecutor of Fayette County, decided to personally handle a matter involving the arrest of the husband of a prosecutor’s office employee instead of appointing a special prosecutor. Faw spoke to the officer who arrested the husband for theft and no criminal charges were filed.

Faw has no disciplinary history, was cooperative with the Disciplinary Commission, and is remorseful. The justices issued the public reprimand for violating Indiana Professional Conduct Rule 1.7(a)(2), which prohibits representing a client (the state) when the representation may be materially limited by the attorney’s own self-interest or the attorney’s responsibilities to a third person.

Suspension
Jacob A. Atanga, of Marion County, has been suspended by the Indiana Supreme Court, effective immediately, per a Feb. 15, 2012, order. On Nov. 22, 2011, the Supreme Court ordered Atanga to show cause why he shouldn’t be immediately suspended for failure to cooperate with the Disciplinary Commission’s investigation of a grievance filed against him.

He has been suspended for noncooperation with the commission, which will continue until further order of the Supreme Court. The justices ordered he reimburse the commission $505.79 for costs in prosecuting the matter.

Deborah S.D. Julian, of Johnson County, has been suspended by the Indiana Supreme Court, effective immediately, per a Feb. 15, 2012, order. On Dec. 20, 2011, the Supreme Court ordered Julian to show cause as to why she shouldn’t be immediately suspended for failure to cooperate with the Disciplinary Commission’s investigation into a grievance filed against her. She has been suspended for noncooperation with the commission, which will continue until the Disciplinary Commission verifies that she has fully cooperated with the investigation; the investigation or any disciplinary proceedings arising from the investigation are disposed of; or until further order of the Supreme Court. The justices ordered she reimburse the commission $523.21 for costs in prosecuting the matter.

Resignation
Neil E. Holbrook, of St. Joseph County, has resigned from the bar, effectively immediately. The justices accepted the resignation in a Feb. 15, 2012, order. Any pending attorney disciplinary proceedings have been dismissed as moot.

Thomas F. Lewis III, of St. Joseph County, has resigned from the bar, effective immediately. The justices accepted the resignation in a Feb. 15, 2012, order. Any pending attorney disciplinary proceedings have been dismissed as moot.•

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  • disproportionate ??
    Is it my imagination or do lawyers in St Joe county get censored a lot? Marion county must have at least ten times the lawyers and about the same number of headlines. I'm a fan of St Joe county btw, jest wondering if there's a tendency downstate to want to spank people up here more often??? I suppose if we knew the number of complaints filed per county and could compare it to lawyer population that would be interesting. is there any such info published ??

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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