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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. 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.

  2. 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???

  3. 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?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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