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Justices suspend Logansport lawyer for 1 year

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The Indiana Supreme Court suspended a Logansport attorney for one year because he routinely allowed his secretary to prepare and sign his name on bankruptcy petitions and other court documents, including one petition that she mistakenly filed in the wrong District.

An order published Nov. 10 split the court on the disciplinary action against Cass County attorney James E. Chovanec, who has been practicing law since 1975.

Chovanec, who represented debtors in bankruptcy matters, had his secretary sign his name despite Bankruptcy Rule 9011(a) and (b) that requires an attorney of record to sign most court documents and to make certain certifications about the fillings. At one point, his secretary filed a petition in the Northern District of Indiana rather than the Southern District, and she then signed and filed a motion to dismiss. The bankruptcy judge set a motion hearing to consider the dismissal, but Chovanec failed to appear at that proceeding or two subsequent hearings to show cause why he shouldn’t be held in contempt.

In September 2005, the judge found Chovanec in contempt and fined him $1,000, prohibiting him from filing any more bankruptcies in the Northern District until he petitioned for restatement before the chief judge. The following day, Chovanec filed 10 more bankruptcy petitions in that District and the judge issued another show cause hearing. Chovanec obtained limited reinstatement prior to the scheduled hearing, but the lawyer failed to appear and the bankruptcy judge again found Chovanec in contempt and prohibited him from representing anyone in the Northern District until he paid a $500 fine and successfully petitioned for reinstatement.

The disciplinary action results from violation of four Indiana Professional Conduct Rules: 3.3(a) knowingly making false statements to a tribunal; 3.4(c) knowingly disobeying an obligation under the rules of a tribunal; 5.3(b) failure to make reasonable efforts to ensure that the conduct of a nonlawyer employee over whom the lawyer has direct supervisory authority is compatible with the professional obligations of the lawyer; and 5.3(c) ordering or ratifying the misconduct of nonlawyer assistants or failing to take reasonable remedial action with respect to the misconduct of nonlawyer assistants under the lawyer's supervision.

Both sides reached a conditional agreement for discipline, finding that Chovanec cooperated with the disciplinary process and that this case was “precipitated primarily by Respondent’s lack of training and supervision of his staff rather than an intentional plan to deceive the court.” But in aggravation, the parties looked to Chovanec’s past two disciplinary matters from 1994 and 1998, when he received a 30-day suspension and 12-month suspension respectively.

A three-justice majority determined the appropriate sanction in this action is a one-year suspension without automatic reinstatement, beginning Dec. 16, 2011.

Justices Brent Dickson and Robert Rucker agreed with the 12-month suspension, while Justice Frank Sullivan wrote that he concurred only because of the conditional agreement. If not for that submitted disciplinary action, he would have voted for more severe sanction. Chief Justice Randall Shepard and Justice Steven David dissented, writing that they believe the agreed discipline is insufficient for the misconduct admitted.

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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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