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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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