ILNews

Order affirms delinquent fee waivers

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The Indiana Supreme Court issued an administrative order Tuesday allowing the executive secretary of the Indiana Supreme Court Disciplinary Commission and the executive director of the Indiana Commission on Continuing Legal Education to continue to grant waivers to attorneys for delinquent fees and reinstatement fees assessed pursuant to Admission & Discipline Rules 23(21) and 29(7).

The waivers may be granted upon a written showing of good cause and upon such grounds are just and proper under the circumstances. If the executive director and executive secretary can't agree upon the disposition of any waiver request, it will be submitted to the chief justice for final action. Joint decisions of the executive secretary and executive director are final and unappealable.

The order continues a policy that's been in place since 1999. In the mid-1990s, the Supreme Court changed a rule that previously had allowed inactive lawyers to not pay annual registration fees, said Disciplinary Commission Executive Secretary Donald Lundberg. The policy revision allowed inactive attorneys to pay half the regular active registration fee instead, and a notice was sent to impacted attorneys.

"But we knew there'd be an unknown group of lawyers that we were convinced were out there and wouldn't get this notice," Lundberg said. "So, going on, we knew we'd be liberal on waiving fees for any inactive lawyers coming out of the woodwork."

Most of those inactive attorneys were suspended in 2005 and the 1999 administrative order let the Disciplinary Commission and Commission on Continuing Legal Education consider waiving those registration fees on a case-by-case basis. Lundberg said at one point, the court considered the fee waiver requests, but the administrative task was delegated to Lundberg and Julia Orzeske, executive director of the Commission on CLE.

In addition to requests for wavier from inactive attorneys, Lundberg said they've received requests from active attorneys facing extraordinary circumstances, like bankruptcy or health emergencies that may warrant a waiver of the fees due by Oct. 1. The offices don't officially track the numbers, but Lundberg said they receive about two dozen requests from active lawyers each year and between 10 and 20 percent are granted. Only a handful of inactive attorneys ask for the waiver and most of those are granted.

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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