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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 am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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