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Temporary admissions may create problems

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atm-rules.gifLawyers not licensed in Indiana must be admitted temporarily or on a motion when appearing in a case in this state. A local lawyer must also serve as counsel and vouch for the visiting lawyer’s lack of disciplinary history when filing a motion for admission or when a lawyer applies for pro hac vice status – a temporary admission that applies to a single case only.

But lawyers may not be aware that any time they sign off on a visiting lawyer’s qualifications, they are assuming a risk.

G. Michael Witte, executive secretary for the Indiana Supreme Court Disciplinary Commission, said that when he was a Dearborn County judge, many lawyers applied for temporary admission.

“I was getting pro hac vices fairly regularly, and many times the Indiana attorney that was serving as co-counsel would put in the pleadings that they’re serving as the ‘sponsor’ of the out-of-state attorney, and I would contact the Indiana lawyer and say you’re not a sponsor, and you better familiarize yourself with the rule, because you’re putting yourself on the hook,” Witte said. “Ninety percent of the time when I would make that call to an attorney, they would say, ‘I didn’t realize that. Thanks, judge.’”

The rule Witte refers to is Rule 3, Section 2 of Indiana Rules of Court, Rules for Admission to the Bar and the Discipline of Attorneys, which sets forth several requirements for pro hac vice admission to state courts. Even a minor oversight, such as failing to renew pro hac vice status, can result in disciplinary action.

“When the lawyer doesn’t renew his license in January, now you’re faced with another discipline problem, and that’s UPL, or practicing without a license, and the Indiana lawyer who serves as co-counsel is now aiding and abetting the UPL,” Witte said.

Indiana’s federal courts have different rules for the admission of out-of-state lawyers, and from state to state and court to court, rules about temporary admission vary. Being unaware of a court’s rules can cause far-reaching problems for lawyers, across multiple states.

Communication gaps

While a judge in Dearborn County, Witte revoked pro hac vice status for an Ohio attorney for repeated failure to appear. That attorney – Clyde Bennett II – was subsequently suspended in his home state for a felony conviction. Bennett has been admitted to practice again in Ohio, but his attorney discipline and sanction history on the Supreme Court of Ohio website does not show that Witte revoked his pro hac vice status here, even though Witte submitted a copy of that order to Indiana’s Supreme Court. Darla Little, administrator for the Indiana Roll of Attorneys, said she was not aware of a standardized process for reporting these types of disciplinary actions to other states. Court officials say disciplinary actions involving lawyers with pro hac vice status in Indiana is rare.

Laura Briggs, clerk for the U.S. District Court, Southern District of Indiana, said that when an out-of-state attorney applies for full admission to the federal court or applies for pro hac vice admission, the staff checks the roll of attorneys in Indiana and the visiting lawyer’s home state for disciplinary action. But the roll of attorneys may not necessarily reflect disciplinary action for an attorney if it comes from another jurisdiction where the attorney was licensed temporarily. Briggs also said that if a federal court within the 7th Circuit disciplined an attorney, that would eventually be communicated to the other District Courts in the same circuit. But courts in different circuits would not necessarily inform each other about discipline, unless the court ordering the sanction or discipline had reason to believe the attorney had active cases in another circuit.

“If someone is disciplined in Alaska and they don’t choose to inform us, I wouldn’t know about it,” Briggs said.

The American Bar Association does maintain a National Lawyer Regulatory Databank, which contains disciplinary history for attorneys nationwide. But reporting requirements vary from state to state. All state courts have a court-authorized reporting agent that can relay information to the databank, but not all federal courts do. And if courts don’t have time to check the databank, disciplinary actions in other states might be unknown.

Federal court discipline

Last year, Indiana’s Southern District admitted a Texas attorney to practice. The lawyer, Eric G. Calhoun, was the named plaintiff’s co-counsel in nine lawsuits filed in Indiana in which plaintiffs sued the owner or operator of an ATM for failing to provide two notices of usage fees. (See "ATM fee disclosure rules and related litigation").

Calhoun’s name has been popping up on dockets nationwide as an increasing number of plaintiffs sue owners and operators of ATMs. Calhoun has gained admission to practice in some courts on pro hac vice status or on a motion.

On March 26, Judge John A. Houston, of the U.S. District Court, Southern District of California, issued an order revoking Calhoun’s pro hac vice admission in a case and fined him $3,500 for material omissions in his pro hac vice application. The application asks attorneys to list pro hac vice admissions within the preceding year. Calhoun listed one, but after hearing a motion from the defense, the judge found Calhoun had been admitted on pro hac vice status in 12 cases, and was listed on the title page of at least 39 complaints filed in that district. For helping him prepare his pro hac vice application in Elsa Terrell v. Borrego Springs Bank, California attorney Mark Golovach was fined $1,000.

Calhoun filed a declaration with the California court, stating he sent a copy of the order to the Texas state bar. According to Texas Government Code Section 81.115, that discipline won’t be displayed on Calhoun’s state bar attorney profile, as it was not issued by the official disciplinary entity of California. The disciplinary process in Texas is confidential; accordingly, the chief disciplinary counsel declined to comment on the California order.

Calhoun told Indiana Lawyer that he did not intend to mislead the California court and that in 25 years of practice, he has no other history of rules violations. He said that the pro hac vice application form was unclear that it required the disclosure of all previous pro hac admissions, as it included only one line on the form to list prior admissions. Houston had rejected that argument.

“Unfortunately, there’s not uniform rules among the federal courts,” Calhoun said. “You could look at pro hac rules in a different district in the same state, and they’re not the same. There’s all sorts of local practice things that are tricky, and it’s important to have local counsel that knows how the rules are interpreted.”

In the order Houston issued, he cited Irrevocable Trust of Antonius v. Tour Edge Golf Mfg. Inc., 2011 WL , at *9 (N.D. Ill. Apr. 17, 2011), in which a junior attorney falsely stated in a pro hac vice application for a senior attorney that the senior attorney had never been suspended or held in contempt of court. The Northern District of Illinois held that the senior attorney had a duty to examine and correct the application and fined the junior attorney $1,000 and the senior attorney $5,000.

Local counsel on Calhoun’s Indiana cases, Ryan Frasher, declined to comment for this story, due to the active status of several cases.•
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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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