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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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