Discipline

Indiana Supreme Court revises attorney’s suspension

November 28, 2016
IL Staff
The Indiana Supreme Court has revisited a disciplinary order indefinitely suspending a Texas-based attorney and has instead imposed a revised suspension.
More

Disciplinary Actions - 11/16/16

November 16, 2016
IL Staff
Read who has recently been suspended.
More

Indiana lawyers now must report misdemeanor convictions

November 8, 2016
IL Staff
Indiana attorneys now are explicitly required to report to the Supreme Court Disciplinary Commission any misdemeanor or felony conviction under sweeping changes to Admission and Discipline Rule 23.
More

Disciplinary Actions - 11/02/16

November 2, 2016
IL Staff
Read who's recently been suspended by the Indiana Supreme Court.
More

Indiana attorney with failed Florida firm calls ethics complaint against her a ‘witch hunt’

November 2, 2016
Dave Stafford
By outward appearances, Divina K. Westerfield is an attorney practicing in Indianapolis. But looks can be deceiving.
More

Seymour attorney with Alzheimer’s suspended for disability

October 28, 2016
IL Staff
A Seymour attorney who has been diagnosed with Alzheimer’s disease and who is facing a felony fraud charge has been suspended from the practice of law in Indiana because of his mental disability.
More

Justices dismiss misconduct charge against White County deputy prosecutor

October 25, 2016
Olivia Covington
The Indiana Supreme Court has entered judgment in favor of a White County attorney after finding that the state Supreme Court Disciplinary Commission failed to prove that the attorney had violated a rule of professional conduct, resulting in a man’s erroneous convictions of child molestation.
More

Disciplinary Actions - 10/19/16

October 19, 2016
IL Staff
Read who the Indiana Supreme Court has recently suspended and who has resigned from the bar.
More

Bench, bar rally behind prosecutor facing discipline

October 19, 2016
Dave Stafford
The Indiana Supreme Court Disciplinary Commission brought a formal complaint against Johnson County Prosecutor Bradley Cooper for press comments attributed to him in reaction to a judge's grant of post-conviction relief for convicted murderer Michael Overstreet. A parade of character witnesses traveled to a distant hearing to rally behind Cooper.
More

Supreme Court prohibits legal practice for 4 attorneys

October 10, 2016
IL Staff
Four Indiana attorneys can no longer practice law in the state after the Indiana Supreme Court decided on four disciplinary cases late last week.
More

Bench, bar, victim’s mother rally behind prosecutor facing discipline for speech

October 6, 2016
Dave Stafford
Johnson County judges, lawyers and the mother of a murdered teen traveled to a distant court Wednesday to come to the defense of their elected prosecutor.
More

Jay County judges ordered to handle Dunkirk City Court matters

October 6, 2016
IL Staff
Following the suspension with pay of the Dunkirk City Court judge for allegedly battering the city’s police chief, the Indiana Supreme Court has temporarily transferred two Jay County judges to the court to handle matters.
More

Justices suspend City Court judge accused of battering police chief

September 30, 2016
Dave Stafford
Dunkirk City Court Judge Tommy Dale “Chip” Phillips II has been suspended with pay after he was charged with assaulting the city’s police chief, who is also Phillips’ nephew.
More

Prosecutor faces discipline for press comments over ruling for killer

September 23, 2016
Dave Stafford
Johnson County Prosecutor Bradley Cooper faces possible professional sanctions for comments he made to the Indianapolis Star and the Associated Press after a judge ruled a man facing the death penalty wasn’t competent to be executed.
More

Disciplinary Actions - 9/21/16

September 21, 2016
IL Staff
Read who was recently disbarred.
More

Seymour lawyer faces felony count, disciplinary case

September 9, 2016
Dave Stafford
A Seymour lawyer who has been diagnosed with Alzheimer’s disease faces a felony charge and a disciplinary complaint seeking his emergency suspension from the practice of law.
More

Discipinary Actions - 9/7/16

September 7, 2016
IBJ Staff
Read who's recently been suspended by the Indiana Supreme Court.
More

Supreme Court disbars former clerk-treasurer who stole town funds

September 1, 2016
Even though the attorney who stole town funds while serving as elected clerk-treasurer of the town of Warren Park in Marion County has attempted to address his gambling addiction that caused the theft, the Indiana Supreme Court disbarred the attorney based on his misconduct.
More

Prosecutor faces ethics sanction for book deal in Camm case

August 24, 2016
Dave Stafford
Floyd County Prosecutor Keith Henderson should be reprimanded by the Indiana Supreme Court for a book deal on a high-profile murder case against former Indiana State Trooper David Camm, recommends a hearing officer in Henderson’s discipline case. The hearing officer blasted the conduct of lawyers on both sides of the ethics matter.
More

Discipinary Actions - 8/24/16

August 24, 2016
IL Staff
Read who's recently been suspended by the Indiana Supreme Court.
More

Attorney suspended for lack of action in client cases

August 17, 2016
IL Staff
An Indianapolis attorney has been suspended for at least one year after he failed to take action on three clients’ matters and did not refund unearned flat fees. One justice believed his actions warranted disbarment.
More

Discipinary Actions - 8/10/16

August 10, 2016
IL Staff
Read which judge recently was publicly reprimanded.
More

COA senior judge reprimanded for OWI conviction

August 3, 2016
IL Staff
The Indiana Supreme Court reprimanded Indiana Court of Appeals Senior Judge William Garrard Wednesday, agreeing with the parties that this is the appropriate sanction for his recent operating while intoxicated conviction.
More

Ties to Florida firm burn Indiana lawyers

July 27, 2016
Dave Stafford
Small-town lawyer Justin Wall argues in his discipline case that he’s fighting not just for his career, but for the livelihoods of his Huntington co-workers and the needs of his community after he tried to drum up business with a regretful decision to answer a Craigslist ad four years ago.
More

Discipinary Actions - 7/27/16

July 27, 2016
IL Staff
Read who's been disbarred by the Indiana Supreme Court.
More
Page  1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

ADVERTISEMENT