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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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