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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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