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Disciplinary attorneys: Judge experience a bonus

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Having a trial court judge as the executive leader of the Indiana Supreme Court Disciplinary Commission is a new approach for the state, but those intimately involved with attorney disciplinary matters say it could prove to be a positive change.

The Indiana Supreme Court announced Monday it had chosen former Dearborn Superior Judge G. Michael Witte as the Disciplinary Commission’s newest executive secretary to succeed longtime leader Don Lundberg. Lundberg left to join Barnes & Thornburg at the start of the year. The nine-member commission had been searching since late last year, narrowing the list from 24 to 10 before ultimately recommending Judge Witte for the post. He begins June 21.

This is only the third time in almost 40 years the Disciplinary Commission has searched for and chosen a new executive leader.

Judge Witte served on the Dearborn County bench from 1985 to the end of 2008. Since then he’s served as a temporary and senior judge statewide while also maintaining leadership roles at the state and national level. Though he doesn’t specifically have any attorney ethics experience, Judge Witte draws from his practical experience on the bench as well as his judicial ethics experience through the American Bar Association.

Indiana joins other states that have called upon former judges to take on the executive leadership roles for attorney discipline agencies, according to the National Organization of Bar Counsel.

Having a person with judicial experience serve as head of a state disciplinary agency can be a significant positive in terms of providing leadership with a balanced, experienced perspective, said the national group’s president-elect Bill Weigel, litigation counsel for the Wisconsin Supreme Court’s Office of Lawyer Regulation.

“Public confidence in the fairness of the system is key, and judges are perceived as being able to act fairly and in the public interest in contentious matters,” he said. “Judges are usually perceived as not pursuing personal agendas, except to do the right thing. They have training and experience in separating the wheat from the chaff when identifying issues, making decisions based on the evidence and not emotions, and in making tough decisions in adversarial settings.”

Within Indiana, those who’ve led the state Disciplinary Commission and others actively involved in attorney ethics issues through the years admit they don’t personally know Judge Witte. But they agree that his judicial experience and reputation indicate he’ll bring what’s needed to the state agency’s leadership.

“In some ways, this can be a daunting challenge because you’re clearly acting in a position of authority in respect to the bar,” Lundberg said. “I think judicial experience is a good aspect of someone’s background for this job because judges, too, stand in a relationship with the practicing bar that means distancing yourself. Inevitably, there’s some distance in professional roles between the bench and bar, and to some extent that’s true with the lawyer discipline bar. You move in the same circles as a practicing attorney, but at the end of the day you also stand in a position of considerable authority and power.”

Once he leaves the bench and takes the executive secretary post, Lundberg encourages Judge Witte to draw upon the experienced and knowledgeable staff at the state agency. That’s great backup to have, as someone who’s coming in from the outside, Lundberg said.

Westfield attorney John Conlon, who is past chair of the Indiana State Bar Association’s Ethics Committee and has been a leader in that area for years, agrees it’s an excellent idea having a former trial judge in that executive secretary role.

Through the years, he’s witnessed the commission grow in staff and caseload, and the staff attorneys are essentially chief prosecutors on the attorney discipline matters. At this point, he would like to see the executive secretary evolve into more of a full-time administrator and leave the prosecutions to his experienced staff attorneys, Conlon said.

“Although I do not know Judge Witte personally, I understand he was an effective judicial administrator,” Conlon said. “Thus, he should be able to take on a more expanded administrative role very effectively.”

Longtime Disciplinary Commission attorney Seth Pruden, who’s been serving as interim leader since Lundberg left, praised the pick and said Judge Witte’s experience will be a benefit for the agency.

“He brings a perspective of the legal profession that makes him an objective observer,” Pruden said. “He’s not coming at it as a defense lawyer or prosecutor, or civil trial lawyer, but as a neutral observer. That is an excellent qualifier, and I think it makes him very responsive to the needs of our legal system and the court that makes the final disciplinary decisions.”

A full story on Judge Witte being named the new executive secretary can be viewed online at the Indiana Lawyer website Wednesday.
 

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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