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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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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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