Judges order court to take second look at restitution attorney must pay

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A Monroe County attorney who pleaded guilty to Class D felony counterfeiting and ordered to pay $15,000 in restitution to a victim may not have to pay that full amount after the Indiana Court of Appeals Wednesday ordered the trial court to take another look at the restitution amount.

Bloomington attorney Philip H. Chamberlain was charged with five Class C felonies stemming from his involvement in the development of a golf course in Orleans, Ind., for which he was a consultant. The golf course was owned by Dwight Hart.

Chamberlain convinced acquaintance Shannon Ramey and his girlfriend Helen Fields, who own Dorothy Apartment Rentals, to invest money on behalf of their company into the golf course. Unbeknownst to Ramey, Fields or Hart, Chamberlain was cashing checks made out to the golf course and kept a portion of the money.

At one point, Hart loaned Chamberlain $5,000 for performing work as a consultant, money he never repaid.

At his sentencing and restitution hearing, Chamberlain explained he repaid Hart $25,500 before any criminal charges were filed against him. The trial court ordered him to pay Hart $15,000 in restitution, which included the $5,000 for the unpaid loan.

Chamberlain, pro se, appealed, claiming the loan shouldn’t be included in restitution because his counterfeiting conviction didn’t cover that incident. The Court of Appeals agreed in the not-for-publication opinion, Philip H. Chamberlain v. State of Indiana, 53A01-1305-CR-247.

“But because we do not have the transcript from Chamberlain’s guilty-plea hearing, we cannot consult the factual basis for his counterfeiting conviction to see what written instrument it covered. Without this information, we cannot determine the amount of restitution, if any, Hart is entitled to after taking into account that Chamberlain has already paid Hart $25,500. We must therefore remand this case to the trial court for it to determine the amount of restitution, if any, Hart is entitled to for the counterfeiting conviction only, taking into consideration Chamberlain’s $25,500 payment to Hart,” the appellate court ruled.  

Chamberlain received an interim suspension June 2013 pending final resolution of any resulting disciplinary action.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.