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Disciplinary Actions - 5/12

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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

James R. Recker II
of Marion County is suspended from the practice of law in Indiana for no less than one year without automatic reinstatement, according to a May 3, 2010, Supreme Court order approving statement of circumstances and conditional agreement for discipline. The sanction is retroactive to March 28, 2009, which is the effective date of Recker’s interim suspension. The court noted that regardless of the expiration date, Recker shall be ineligible to petition for reinstatement until he completes his executed criminal sentence.

He was suspended for violating Ind. Prof. Cond. R. 8.4(b).

The court noted that for Recker’s “serious and serial misconduct” the suspension imposed would have been longer had there been no agreement. If Recker petitions for reinstatement, the court wrote it would be granted only if he meets stringent requirements to prove that his rehabilitation is complete and he can safely re-enter the legal profession, and will likely be granted only with the involvement and monitoring of the Judges and Lawyers Assistance Program.

On Jan. 4, 2008, Recker was charged with operating a vehicle while intoxicated, a Class D felony, and with being a habitual substance offender. On Dec. 17, 2008, he pleaded guilty to OWI as a Class D felony with a habitual offender enhancement. He was sentenced to 1,095 days on the felony conviction, with 180 days executed followed by 365 days of probation on home detention with electronic monitoring. He also received an additional 1,095 days, all executed, as a habitual offender enhancement.

Recker’s disciplinary history includes an incident March 27, 2003, for which he was convicted of OWI, a Class C misdemeanor; and OWI while endangering a person, a Class A misdemeanor. Based on an incident June 9, 2005, he entered a plea of guilty to OWI, a Class D felony. On July 24, 2006, the Supreme Court approved a conditional agreement under which he received a six-month suspension, stayed upon 12 months probation with monitoring by the Judges and Lawyers Assistance Program. See Matter of Recker, 851 N.E.2d 295 (Ind. 2006). Chief Justice Shepard dissented in that matter, believing one year probation was inadequate.

The parties cite Recker’s disciplinary history as an aggravating factor. In mitigation, his misconduct was not directly related to his practice of law, he has expressed remorse, he cooperated with the Disciplinary Commission, and “he has sought treatment to recover from his alcoholism and is currently abstinent from alcohol.”•
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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