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Disciplinary Actions - 9/14/11

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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
Anna E. Fulkerson of Noble County was reinstated as a member of the Indiana bar in a Supreme Court order filed Aug. 24, 2011. Fulkerson was suspended on Sept. 14, 2009, without automatic reinstatement. Her reinstatement was subject to the following conditions: (1) successful completion of probation of at least two years on terms to be determined by JLAP, consistent with the hearing officer’s recommendations; (2) she has no violations of the terms set by JLAP, the law, or the Rules of Professional Conduct during the probation period; and (3) if she violates her probation, the commission may petition the court to revoke her probation and to re-impose the suspension without automatic reinstatement. Probation remains in effect until terminated pursuant to Admission and Discipline Rule 23(17.1).

Suspension
Todd E. Wallsmith of Knox County has been suspended from the practice of law in a Supreme Court order filed Aug. 19, 2011. Wallsmith is suspended for a period of 180 days, beginning Sept. 30, with 45 days actively served and the remainder stayed subject to completion of 24 months of probation with mental health treatment and JLAP monitoring. Wallsmith violated Indiana Professional Conduct Rules 1.2(a): Failure to abide by a client’s decisions concerning the objectives of representation; 1.3: Failure to act with reasonable diligence and promptness; 1.7(a): Representing a client when the representation is directly adverse to another client; and 3.3(a)(1): Knowingly making a false statement of fact to a tribunal and failing to correct a false statement of material fact previously made to the tribunal by the lawyer.

Timothy D. Freeman of Marion County has been suspended from the practice of law for noncooperation with the disciplinary commission. The suspension, provided in an order filed Aug. 19, 2011, was effective immediately. Pursuant to Admission and Discipline Rule 23(10)(f)(3), the suspension will continue until: (1) the executive secretary of the disciplinary commission certifies to the court that Freeman has cooperated fully with the investigation; (2) the investigation or any disciplinary proceedings arising from the investigation are disposed of; or (3) until further order of the court, provided no other suspensions are in effect. Freeman was already under a suspension order that became effective July 19, 2011.

Jacob A. Atanga of Marion County has been suspended from the practice of law for noncooperation with the disciplinary commission. The suspension, provided in an order filed Aug. 19, 2011, was effective immediately. Pursuant to Admission and Discipline Rule 23(10)(f)(3), the suspension will continue until: (1) the executive secretary of the disciplinary commission certifies to the court that Freeman has cooperated fully with the investigation; (2) the investigation or any disciplinary proceedings arising from the investigation are disposed of; or (3) until further order of the court, provided no other suspensions are in effect.

Bruce J. Goldberg of Floyd County has been suspended from the practice of law in a Supreme Court order filed Aug. 24, 2011. Goldberg is suspended for a period of 90 days, beginning Sept. 16, with 30 days actively served and the remainder stayed subject to completion of two years of probation. Goldberg was found to have violated Indiana Admission and Discipline Rules 23(29)(a)(2) and (3): Failure to maintain proper records for trust account activities; 23(29)(a)(4): Failure to deposit funds received on behalf of clients intact; 23(29)(a)(5): Making withdrawals from a trust account without written withdrawal authorization stating the amount and purpose of the withdrawal and the payee; and Indiana Professional Conduct Rule 1.15(a): Failure to hold property of clients properly in trust, failure to hold property of clients separate from lawyer’s own property, failure to safeguard client funds, and failure to maintain complete records of client trust account funds. While the court said the terms of probation will include correction of all trust account errors, trust account monitoring, and a designated number of CLE hours on trust account and law office management, it did note that nothing in the complaint or conditional agreement suggests that any client funds were lost due to Goldberg’s misconduct.

Kjell P. Engebretsen of Boone County has been suspended from the practice of law for noncooperation with the disciplinary commission. The suspension, provided in an order filed Sept. 2, 2011, was effective immediately. Pursuant to Admission and Discipline Rule 23(10)(f)(3), the suspension will continue until: (1) the executive secretary of the disciplinary commission certifies to the court that Freeman has cooperated fully with the investigation; (2) the investigation or any disciplinary proceedings arising from the investigation are disposed of; or (3) until further order of the court, provided no other suspensions are in effect. Engebretsen was already under a suspension order that became effective March 19, 2011.

Edward A. B. Castaldo of Hamilton County has been suspended from the practice of law for a period of not less than 90 days, effective immediately. The suspension, provided in a Supreme Court order filed Sept. 2, 2011, revoked Castaldo’s probation ordered by the court in 2009 and imposed suspension that had been stayed pending the lawyer’s completion of a 24-month probationary period with specified requirements. According to the Sept. 2 order, Castaldo materially violated the terms of the JLAP monitoring agreement and failed to attend a trust account management course, as previously ordered. He was already under a suspension order that became effective June 20, 2011.

Public reprimand
Danny L. Whitten and Stacey E. Whitten of Porter County received a public reprimand in a Supreme Court order filed Aug. 19, 2011. Both published an advertisement promoting themselves as “specializing in bankruptcy relief” when neither had been certified as a specialist by an independent certifying organization accredited by the Indiana Commission for Continuing Legal Education. This was in violation of Indiana Professional Conduct Rule 7.4(d) (formerly Rule 7.2(c)(4))•

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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