Dishing out the discipline

June 4, 2008
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Written by guest blogger Michael Hoskins, Indiana Lawyer reporter:





Disciplinary actions can be like a legal newspaper's police crime blotter – attorneys say that's what the legal community flips to first to see if anyone they know is in the news. There have been some notable ones lately that warrant an extra look:

-         Geoffrey N. Fieger: The Indiana Supreme Court banned the Michigan attorney from taking new cases here for two years. This is newsworthy now because the Hoosier court's action came as a federal trial involving Fieger was wrapping up in Detroit. Fieger and his law partner were on trial for illegal campaign contributions to presidential candidate John Edwards’ campaign in 2004. A jury acquitted both on Monday, more than a week after the Indiana Supreme Court made its decision. At least one Indiana justice wanted the punishment to be permanent, but majority ruled. Would a conviction led to a different result in Indiana?







-         Bloomington attorney David J. Colman lost his license for at least three years because of multiple misconduct counts. Three justices opted for that punishment, though the chief justice and another justice wanted disbarment because this is the lawyer’s fourth disciplinary proceeding since being admitted to the practice in 1970. They pointed out that previously they’d voted to reinstate him, but this latest misconduct was too much.





There have been others, but these two examples beg the question: Does our Indiana system of legal discipline warrant a closer look? Are judges and lawyers able to fairly, objectively, consistently, and effectively discipline themselves? How does the Hoosier disciplinary system rate? What stands out for or against it?  
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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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