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Failure to report

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The arm of the Indiana Supreme Court that enforces rules governing the admission and discipline of lawyers has been in violation of one of those rules for several years.

The Disciplinary Commission hasn’t produced an annual report in recent years, Supreme Court spokewoman Kathryn Dolan confirmed. The last annual report posted on the commission’s website as of IL deadline was from fiscal year 2009-2010.

“The reports weren’t put online because they’re not ready yet,” Dolan said. “We’re not trying to make a statement about why, it just wasn’t done. It was an oversight.”

Admission and Discipline Rule 23(23) states, “The commission shall make an annual report of its activities to the Supreme Court and the Indiana State Bar Association. The report shall include a statement of income and expenses for the year.”

While the commission didn’t meet the requirements of the rule, Dolan said financial information for those years was provided to the court, but not the state bar. She said the financial information was provided to the bar last week after the error was discovered.

The commission derives its revenue almost exclusively from a portion of the licensing fees attorneys are required to pay to retain their bar status.

According to financial information provided by Dolan, the commission had more money in the bank in the 2012-2013 fiscal year than in any previous year – an opening fund balance of $1,606,403. The commission budgeted collecting about $2 million in fees and spending about $2.3 million. Employee salaries, benefits and associated costs consumed about $1.9 million of the budget.

The information projected the commission would carry over an opening balance of about $1.45 million into the current fiscal year.

Disciplinary Commission executive director Michael Witte did not respond to messages seeking comment about the absence of annual reports.

Indiana State Bar Association President Dan Vinovich said the association received financial information from the commission last week. “Once it was determined those reports needed to be filed, they have now been filed,” he said.

Vinovich said the annual report was a “technical requirement and not a significant problem or concern of ours.” He noted the state bar receives advance notice of attorney suspensions, for instance, and updates on court functions from the Supreme Court, Court of Appeals and Office of the Attorney General at annual meetings and other forums.

Officers in local bar associations who agreed to speak on condition of anonymity said the commission’s failure to file annual reports was disappointing.

“Is it catastrophic? No,” said an officer of one of the state’s largest county bar associations. But the problem is one of perception of the commission: “They expect everyone to follow the rules. They should do the same.”

An attorney in southern Indiana who holds a county bar leadership post agreed. “I’m surprised,” the commission neglected to file reports for thee years, the officer said. “They should do that.”

But the local bar officers said most attorneys in their communities had a generally positive view of the commission’s work and that local bar groups usually are well informed of disciplinary actions or matters affecting local attorneys.

“I think (lawyers) are respectful of the commission and the responsibility they have,” the southern Indiana bar officer said.

“I would say attorneys as a whole view the Disciplinary Commission as doing a good job,” said the large-county bar official. “Perhaps the commission needs to work on some transparency issues. I think that’s what we all should be striving for.”

The work of the commission has been included in the annual reports prepared by the Supreme Court, but that section in the court’s most recent report for fiscal year 2011-2012 contains no financial information. The commission reported 66 final orders in discipline cases. A total of 34 verified complaints for disciplinary action were initiated that fiscal year, 29 less than the prior year.

Commission chairwoman Catherine Nestrick said a new case management system implemented to better track cases resulted in the delay in completing annual reports.

“As with many software implementations, we had a number of issues to work through and this caused a delay in the preparation and publication of the 2009-2010, 2010-2011 and 2011-2012 annual reports,” Nestrick said in an email. She noted the 2009-2010 report was only this summer reconciled with the new system and posted online.

“The remaining reports are in the process of being finalized and we expect them to be available very soon,” she said. Dolan said the reports will be posted online when they are completed.•

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  • Not just about me ...
    I am not admitted in Indiana and will not be since i am a whistleblower, and so I can say these things. I doubt KS will punch my ticket just because Indiana asks for me to be disbarred, we have a little thing called rule of law for attorneys in Kansas . ... a concept that I hope Indiana gets around to one fine day. Anyway, consider the above and then consider that the DC likely routinely investigates and punishes Indiana attorneys for failure to respond to clients and courts. Hypocrite much?
  • Even more irony!
    As I chew on this the taste becomes even more bitter! I was a Dept AG for 4 years in Kansas, serving the most conservative AG in that state's history. We took on Planned Parenthood, which should not be done lightly. They hit back very hard and very personally. Anyway, for 4 years I was under a statutory demand that I report to the state legislature and governor each year. It was onerous, and often kept me up all night and in the office all weekend, but I got it done each year. And yet, even though I so served with distinction, never was disciplined, and was in good standing in Kansas, deemed admittable anywhere by the National Conference of Bar Examiners, cleared on character and fitness by Missouri the year before, and admitted to the Seventh Circuit and ND Ind fed court after .... the Indiana BLE, using a DC attorney, denied me entrance and denied me the right to even petition again for five years .... and then they went years and years without even filing their statutorily mandated reports, the lack of filing being such an act that should forfeit their right to hold the office entrusted to them by the operation of the state constitution! IRONIC!
  • Oh the irony!
    In the 31 page report issued against me to join the Indiana bar, which addresses my worldview and religious perspective on governance while containing not one citation to law, not even a recitation of the relevant standards, I was faulted, among other reasons to deny my bid to become licensed (despite having been licensed in Kansas since 96 without discipline) and to order me to not apply again for five years, I was faulted, even verbally reprimanded (by a DC attorney) for being about one month tardy on telling the Bar Examiners that I have been laid off from non legal work. (I actually did not realize I had such a duty, since I was subject to recall.) One month. Yet this is the standard that they keep themselves? So sad for Indiana, so sad for the rule of law. More on my "processing" through this system here: http://www.scribd.com/doc/23961843/Brown-v-Bowman-complaint-12-09 and here: http://www.scribd.com/doc/109518279/Brownv-ind-S-ct-BoardLawExams Oral argument before the 7th circuit here: http://media.ca7.uscourts.gov/sound/2011/migrated.orig.11-2164_10_20_2011.mp3
  • Additional Point
    I would add that the fact those bar officials requested anonymity for their criticism of the DC for failing to timely file reports speaks volumes. They are undoubtedly concerned about retaliation for daring to criticize the Commission. But if the DC is not being operated in a political fashion in which critics of the Commission are targeted, then what do these officials have to worry about having their name exposed? Their own conduct undercuts the claim that they and people in their county bar associations believe that the Commission is being run properly.
  • Attorneys View of the DC
    Those bar officials who are quoted saying that attorneys are generally happy with how the Commission has operated are telling huge fibs and I guarantee you they know it. I have been an attorney for 26 years and I have heard a torrent of criticism about how the Commission has operated under Lundberg and Witte. They complain that the DC does not enforce the rules evenly, that political considerations enter the Commission's decision to target certain attorneys, that the DC goes after small firm attorneys and sole practitioners almost exclusively, that the DC operates as a virtual Star Chamber via its use of secrecy. The board of the DC appears to be little more than a rubber stamp for whatever the Executive Secretary wants to do. My time as an attorney has spanned the Lundberg and Witte eras and I have yet to hear one attorney speak positively of how the DC has been operated under them. On the other hand, I have heard positive things about how it ran under Shelden Breskow, Lundberg's predecessor.
  • ?????
    BS

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    1. This guy sounds like the classic molester/manipulator.

    2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

    3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

    4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

    5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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