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. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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