ILNews

Disciplinary Actions - 5/12

Back to TopCommentsE-mailPrintBookmark and Share
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.”•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT