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Disciplinary Actions - 5/26

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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.

Suspensions

256 attorneys are suspended for failing pay the annual registration fee required to be licensed to practice law in Indiana or to file an exemption affidavit as contemplated by Indiana Admission and Discipline Rule 2, according to a May 14, 2010, Supreme Court order. The order also suspended certain attorneys who failed to comply with the continuing legal education requirements of Admission and Discipline Rule 29, Sections 3 or 10.

Although the suspension is effective on the date of the order for purposes of reinstatement procedures, the proscription against the actual practice of law will go into effect at 11:59 p.m. June 7, 2010. The delay will allow time for copies of the order to be sent, received, and acted upon by suspended attorneys.

To be reinstated, an attorney must comply with applicable reinstatement procedures and by paying any applicable penalties. The reinstatement procedure for nonpayment of attorney fees is in Ind. Admis. and Disc. R. 2(h). The reinstatement procedure for failure to comply with continuing legal education requirements in found in Ind. Admis. and Disc. R. 29, Section 10(b).

If the Disciplinary Commission decided sufficient reasons existed to grant requests for extensions of time in which to comply with the continuing legal education requirements, those attorneys’ names were not included in the order, the court noted.

The list can be found at www.in.gov/judiciary/orders/other.

Public reprimand
Stacy L. Kelley of Marion County has been publicly reprimanded, according to a May 7, 2010, Supreme Court order approving statement of circumstances and conditional agreement for discipline.

Kelley violated Ind. Prof. Cond. R. 8.4(g).

In June 2008, Kelley began receiving on her unlisted phone number persistent pre-recorded messages from a company seeking a person by the name of Kelley’s husband. She and her husband agreed that she would call the company at the toll-free number given in the messages. Accordingly, she called the number and spoke to a male representative of the company, identifying her husband as a client. Noting what she thought was a feminine-sounding voice, she gratuitously asked the company’s representative if he was “gay” or “sweet,” according to court documents. After the representative commented on the unprofessional nature of this inquiry, the phone conversation ended abruptly.

Mitigating facts are Kelley has no disciplinary history; she cooperated with the Disciplinary Commission; she has a history of providing service to the legal profession; her comments were made after enduring harassing phone calls to her home; and she demonstrated remorse by apologizing to the company representative.•

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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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