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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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