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Justices reprimand 2 former deputy prosecutors

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Two former Marion County deputy prosecutors have received public reprimands from the state’s highest court for drunken driving incidents.

The Indiana Supreme Court issued orders May 20 publicly reprimanding both Brooke N. Russell and Gillian S. DePrez, who had worked in the Marion County Prosecutor’s Office until their resignations following drunken driving charges.

Russell pleaded guilty last year to Class A misdemeanor of operating a vehicle with a blood alcohol content of 0.15 percent or more, then enrolled and completed a 12-hour alcohol education program. She was admitted to the bar in October 2007 and left the prosecutor’s office in January 2009. Russell is now working as a criminal defense attorney in Indianapolis.

This was Russell’s only disciplinary history and the public reprimand goes in her file for violating Indiana Professional Conduct Rule 8.4(b), which prohibits attorneys from committing criminal acts that reflect adversely on the attorney’s honesty, trustworthiness, or fitness as a lawyer. She must also pay the costs of the disciplinary proceedings.

DePrez, who began practicing in May 2007 and worked in the prosecutor’s office sex crimes division, was arrested in July 2009 for drunk driving in Broad Ripple. She faced charges of driving while intoxicated and leaving the scene of an accident, but a special prosecutor from Monroe County allowed her to plead guilty and avoid that drunken driving conviction. She pleaded guilty in November to reckless driving, and received 24 hours of community service and 90 days on nonreporting probation.

Spokeswoman Susan Decker with the prosecutor’s office wasn’t sure what DePrez has been doing since, but said she is being re-hired for the same position she held before the drunken driving incident. DePrez restarts in the sex crimes unit June 7, despite the public reprimand from the Indiana Supreme Court on Rule 8.4(b) and an order to pay for costs of the disciplinary proceedings.

These aren’t the only drunken driving incidents the Marion County Prosecutor’s Office has faced recently. The most recent is spokesman and general counsel Mario V. Massillamany, who resigned in March after his arrest on a drunken driving charge in Hamilton County. His driving privileges have been suspended and he faces one Class A misdemeanor charge of operating while intoxicated in Hamilton Superior 6; a bench trial is set for July 2. The Indiana Supreme Court Disciplinary Commission has not yet filed any disciplinary actions against Massillamany, according to the online appellate docket.
 

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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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