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Lawyer privately reprimanded for hiring inmate

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The Indiana Supreme Court handed down a private reprimand to a Shelby County attorney who engaged in misconduct by hiring a nonlawyer inmate to help research and prepare a post-conviction relief petition for another client.

The attorney had been assigned by the State Public Defender as an independent contractor in 1998 to represent an incarcerated client in a PCR proceeding. That client consented to the attorney entering into an agreement with a nonlawyer inmate in the same facility to help with the PCR petition as an independent legal assistant. The attorney agreed to represent the nonlawyer inmate in his own PCR proceeding.

The nonlawyer inmate had limited access to communication and research materials and no expectation of privacy. The attorney wasn’t able to supervise the inmate or ensure he would be able to comply with the Rules of Professional Conduct.

Even though the events took place more than 10 years ago, a verified complaint wasn’t filed until 2008.

The justices found in a per curiam opinion, In the matter of: Anonymous, No. 73S00-0812-DI-626, that the attorney violated Professional Conduct Rule 5.3. The Disciplinary Commission and attorney submitted a conditional agreement for discipline suggesting a private reprimand. The justices agreed to the discipline, but noted that it would impose more severe discipline if there wasn’t an agreement.

The justices also took into account that the misconduct happened more than 10 years ago and that the attorney’s record in nearly 30 years of practice is otherwise unblemished.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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