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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. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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