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Disciplinary Actions - 7/21

July 21, 2010
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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.

License revocation
Christopher A. Atkinson, Indiana Attorney No. 26769-41, was conditionally admitted to the Indiana bar on May 21, 2007. Because Atkinson did not abide by the terms of his conditional admission, his license to practice law in Indiana has been revoked, effective with the July 6, 2010, Supreme Court order.

The Indiana State Board of Law Examiners permitted his admission pursuant to a consent agreement, which Atkinson signed May 16, 2007, that conditioned his law license on, among other things, his entering into and complying with a monitoring agreement with the Judges and Lawyers Assistance Program. The consent agreement – which was to remain in effect for two years – also required Atkinson to submit quarterly reports from JLAP to the BLE by Sept. 30, Dec. 31, March 31, and June 30 showing his compliance with the terms of the consent and monitoring agreements.

Less than three months after signing the consent agreement, Atkinson placed his law license on inactive status, see Ind. Admis. and Disc. R. 2(c), and then sent a letter to the BLE informing it that he had decided to place his license on inactive status and to withdraw from JLAP monitoring “based on economic necessity.”

On Sept. 21, 2007, the BLE denied Atkinson permission to be relieved from his obligation to fulfill JLAP’s requirements and notified him to that effect. Despite the BLE’s rejection of his plan, Atkinson did not continue with his JLAP requirements or submit quarterly reports.

In spring 2008, Atkinson contacted JLAP about the possibility of reactivating his license and getting into compliance with the monitoring agreement. He sent a letter April 8, 2008, to the BLE acknowledging his mistakes and sought renewal of the consent agreement.

After consideration of the request, the BLE sent Atkinson an amended consent agreement offering to continue his conditional admission for an additional two years. However, he never responded to the board’s offer, nor did he ever again contact JLAP.

The BLE filed a petition May 18, 2010, with the Supreme Court seeking revocation of Atkinson’s conditional admission and for the court to prohibit Atkinson from seeking admission for a period of five years. Atkinson filed a response June 17; however, it did not contest any of the allegations made in the BLE’s petition. Rather, the court wrote, he asserted he should be permitted to withdraw permanently from the practice of law. The BLE filed a motion for permission to respond.

After consideration, the court revoked the license and Atkinson shall not submit a new application for admission to the Indiana bar for five years. The court also ruled Atkinson “cannot avoid the revocation of his conditional admission by submitting an affidavit of permanent withdrawal,” and rejected said withdrawal. The court also denied the BLE’s motion for permission to reply to applicant’s response to the BLE’s petition.

Private reprimand
The Indiana Supreme Court approved July 1, 2010, a statement of circumstances and conditional agreement for discipline for a private reprimand for an anonymous respondent. He violated Ind. Prof. Cond. R. 5.3.

The respondent, who was admitted to the Indiana bar in 1980, was assigned by the state public defender as an independent contractor to represent a client in a post-conviction relief proceeding. With the client’s consent, he entered into an agreement with a nonlawyer inmate in the same facility where the client was incarcerated under which the inmate would assist in researching and preparing a PCR petition for the client. In exchange, respondent agreed to represent the inmate in his own PCR proceeding.

Mitigating facts are respondent has no disciplinary history, he cooperated with the commission, and he has a good reputation in the area of law in which he practices.

The court noted that had the matter not been submitted with an agreement, the discipline would likely be more severe. The court also wrote that respondent’s misconduct occurred more than a decade ago and that his record in nearly 30 years of practice is “otherwise unblemished.”•

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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