A bug in the system

June 17, 2009
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Update 6/19/09:

According to appellate courts’ clerk Kevin S. Smith, there was no bug in the system that caused several disciplinary actions to not be posted between May 9 and June 12. A misunderstanding and human error caused the delay in the postings, Smith wrote in an e-mail to Indiana Lawyer.

The misunderstanding has been corrected.

Smith also noted that the court will not post special judge, senior judge, or hearing officer appointment orders. The court doesn’t want to overload its Web site with relatively minor administrative orders that tend to only be of interest to the parties involved, he wrote.

Every day we check the Indiana Court’s Web site for disciplinary actions and other orders, and every day since May 7, we haven’t seen a new one. That seemed odd, so today we made a few phone calls to find out whether all Indiana attorneys were model citizens or if there was a technical problem keeping the actions from being posted.

Turns out, the Judicial Technology and Automation Committee wasn’t getting any word from the clerk’s office about new disciplinary actions, so it hadn’t posted any new ones. The reason: JTAC had a bug in its system following an update in early May. Between the clerk’s office quest to be as paperless as possible and requirements from West Law, somehow a quirk developed in the system. Because of the bug, e-mails weren’t getting to the right people to post the disciplinary actions.

Thanks to our curiosity and nagging suspicion there had to be attorneys in trouble, JTAC discovered the issue this morning and quickly resolved it. The Supreme Court orders site now has actions posted that were dated after May 7. I’m surprised that this wasn’t brought to someone’s attention prior to our calls.

While I’d like to think our attorneys weren’t out there breaking the rules of conduct, or laws, history shows otherwise. In fact, I knew of two attorneys recently who were sentenced by the courts: one for child solicitation, and another on a drunken driving conviction, which would lead to a disciplinary action.

We’re glad that JTAC fixed the problem and that now we (hopefully) are up to date on our disciplinary actions.
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  • Could you follow up with your contacts to see if a similar problem exists on the page that lists the appointments of hearing officers in attorney discipline cases? It showed a lot of activity in January and March, but hasn\'t been updated since March 25. Here is the link:

    http://www.in.gov/judiciary/orders/hearing-officers/index.html
  • John - it\'s quite possible. I\'m looking into it and will report back.

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  1. Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.

  2. they are pushing these cases against lawyers too far. thought-crime.

  3. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  4. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  5. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

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