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Disciplinary Actions - 3/30/11

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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
James R. Kilburn of Scott County has been reinstated to the practice of law in Indiana, effective immediately, in a Supreme Court order filed March 21, 2011. He was suspended in an order dated March 10, 2011, for failure to satisfy costs ordered in connection with lawyer discipline proceedings. He has paid in full the amount owed along with a $200 reinstatement fee.

Suspension
Daniel E. Serban of Huntington County has been suspended pendent elite from the practice of law in Indiana, effective 15 days from the March 18, 2011, order date. The Indiana Supreme Court Disciplinary Commission filed “a ‘Verified Emergency Petition For Order of Interim Suspension Pursuant To Indiana Admis. Disc. R. 23(11.1)(b)’ asking that Serban be immediately suspended from the practice of law in Indiana pending further order of the Supreme Court or final resolution of any resulting disciplinary action, due to alleged misconduct that may cause his continued practice of law during the pendency of a disciplinary investigation or proceeding to pose a substantial threat of harm to the public, clients, potential clients, or the administration of justice.” Serban stated he is willing to cooperate fully in the resolution of the matter.

Deborah D. Kubley of Monroe County has been suspended from the practice of law in Indiana, effective immediately, in a Supreme Court order filed March 18, 2011. Kubley was suspended for noncooperation with the Supreme Court Disciplinary Commission. Kubley is already under a suspension order issued by the court and effective Dec. 27, 2010.

Timothy A. Doyle of Marion County has been suspended from the practice of law in Indiana, effective immediately, in a Supreme Court order filed March 18, 2011. Doyle was suspended for noncooperation with the Supreme Court Disciplinary Commission.

In a Supreme Court order filed March 10, 2011, the following attorneys were suspended from the practice of law in Indiana, effective 10 days from the date of the order, for failure to pay costs assessed in a disciplinary action by the due date of the attorney’s annual registration fee (Oct. 1):

Darren T. Cole of Cedar Hills, Utah;

Timothy A. Doyle of Marion County;

Kjell P. Engebretsen of Boone County;

James R. Kilburn of Scott County (reinstated March 21).

In a Supreme Court order filed March 10, 2011, the petition to suspend the following attorneys from the practice of law in Indiana for failure to pay costs assessed in a disciplinary action by the due date of the attorney’s annual registration fee (Oct. 1) was dismissed because all costs have been paid in full:

Tia R. Brewer of Shelby County;

Terrance L. Kinnard of Marion County;

Bruce A. Lambka of Lake County;

Trina Saunders of Marion County;

Daniel E. Serban of Huntington County.

Public reprimand
Daniel F. Zielinski of Hendricks County received a public reprimand in a Supreme Court order filed March 21, 2011. Zielinski violated the Indiana Professional Conduct Rules prohibiting the following misconduct: 1.8(a) – entering into a business transaction (a fee renegotiation) with a client unless the client is given written advice of the desirability of seeking the advice of independent counsel and the client consents in writing to the transaction; and 1.16(d) – failure to refund an unearned fee.

Janine L. Sutton of Madison County received a public reprimand in a Supreme Court order filed March 18, 2011. Sutton violated Indiana Professional Conduct Rule 8.4(d) which prohibits engaging in conduct prejudicial to the administration of justice. Sutton was charged with operating a vehicle while intoxicated while employed by the Madison County prosecutor’s office. She completed a deferral program and the case was dismissed. Sutton resigned from her position with the Prosecutor’s Office and voluntarily participated in services from the Judges and Lawyers Assistance Program.•
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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