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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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