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Disciplinary Actions 8/28/13

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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.

Suspension
Douglas S. Followell, of Sullivan, has been suspended from the practice of law for a period of not less than 150 days, without automatic reinstatement, beginning Sept. 27, 2013.

Followell was on probation imposed by the Indiana Supreme Court in 2009, with monitoring by the Indiana Judges and Lawyers Assistance Program, as a result of his conviction of three alcohol-related crimes that year. The court order provided that violation of the probation would result in the commission filing a motion to revoke the probation and request that Followell actively serve a 180-day suspension (30 days actively served) that had been stayed subject to the completion of probation. In May 2012, Followell was convicted of driving under the influence in Florida. On May 9, the commission filed a verified motion to revoke Followell’s probation, pursuant to Admission and Discipline Rule 23(17.2)(a), asserting his arrest and conviction violated the conditions of his probation.

Jeremy S. Brenman, of Bloomington, has been suspended from the practice of law, effective immediately, for noncooperation with the Disciplinary Commission. On May 2, the Indiana Supreme Court ordered Brenman, who is already under suspension orders, to show cause why he should not be suspended for failure to cooperate with the investigation of a grievance filed against him. Brenman did not respond within 10 days of service of the order. The order also includes reimbursement to the commission of $512.22 by Brenman for the costs of prosecuting the proceeding.

Patricia S. Beecher, of Gary, has been suspended from the practice of law, effective immediately, due to disability, pursuant to Admission and Discipline Rule 23(25). In addition to the Verified Petition to Determine Disability submitted by the Disciplinary Commission prior to suspension, Beecher had submitted an Affidavit of Consent to Disability Suspension.

Dan J. May, of Kokomo, has been suspended from the practice of law for 60 days, beginning Sept. 27, 2013. At the conclusion of the suspension, provided there are no other suspensions in effect, May will be automatically reinstated, subject to the conditions of Admission and Discipline Rule 23(4)(c). Costs of the proceeding are also assessed against May.

The suspension stems from May’s actions following a hearing in a divorce case. He grabbed his client by the arms, pushing him in a way that caused him to be bent backward over the courtroom rail. May was charged with battery and entered into a pre-trial diversion agreement with the prosecutor.

Resignation
The resignation from the Indiana bar of Shane E. Beal, of Marion, has been accepted, effective immediately, by the Indiana Supreme Court. Beal is ineligible to petition for reinstatement for five years from the Aug. 14, 2013, order date. The order states that the egregious misconduct charged in the verified complaint would have resulted in permanent disbarment had Beal not chosen voluntary resignation from the bar, and if he seeks reinstatement the misconduct admitted in his affidavit of resignation, as well as any other allegations of misconduct, will be addressed in the reinstatement process.

Any attorney disciplinary proceedings pending against Beal were dismissed as moot because of his resignation, and the costs of the proceeding are assessed against him.

The resignation from the Indiana bar of William R. Wallace III, of Princeton, has been accepted, effective immediately, by the Indiana Supreme Court. Wallace is ineligible to petition for reinstatement for five years from the Aug. 14, 2013, order date. The order states that the egregious misconduct charged in the verified complaint would have resulted in permanent disbarment had Wallace not chosen voluntary resignation from the bar, and if he seeks reinstatement the misconduct admitted in his affidavit of resignation, as well as any other allegations of misconduct, will be addressed in the reinstatement process.

Any attorney disciplinary proceedings pending against Wallace were dismissed as moot because of his resignation, and the costs of the proceeding are assessed against him.•
 

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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?

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  4. 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.

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