Disciplinary Actions – 6/22/12

The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state’s rules for admission to the bar and Rules of Professional Conduct. The Indiana Commission on Judicial Qualifications brings charges against judges, judicial officers, or judicial candidates for misconduct. Details of attorneys’ and judges’ actions for which they are being disciplined by the Supreme Court will be included unless they are not a matter of public record under the court’s rules.

Suspension
Antolin J. Reiber, of Marion County, has been suspended for six months by the Indiana Supreme Court, per a June 5, 2012, order. The justices found Reiber violated Indiana Professional Conduct Rules 1.16(d): failure to refund an unearned fee promptly upon termination of representation; 1.8(j): engaging in a sexual relationship with a client unless it began prior to the representation; 1.16(a)(1): failure to withdraw from representation when the representation will result in violation of the Rules of Professional Conduct or other law; and 8.1(b): failure to respond in a timely manner to the commission’s demands for information.

The charges stem from two counts: Reiber initially refusing to refund a client’s advance payment after he was terminated as the client’s attorney and for having a sexual relationship with a different client he was representing in a protective order case. Although Reiber has not been disciplined previously for misconduct, he has had a history of noncooperation with the disciplinary commission. Previous disciplinary matters had all been dismissed. The suspension begins July 17, the costs of the proceedings are assessed against him, and Reiber may not be automatically reinstated.

Jacob A. Atanga, of Marion County, has had his suspension for noncooperation converted into an indefinite suspension, effective immediately, for failure to cooperate with the disciplinary process, per a June 5, 2012, Indiana Supreme Court order. Atanga was suspended in February for noncooperation under one pending disciplinary matter and was ordered to show cause in two other matters earlier this year. The disciplinary commission noted that Atanga has since cooperated with the commission, but objected to the lifting of his suspension based on his history of noncooperation. The other two matters from earlier this year have been dismissed as moot given his indefinite suspension.

Kristin D. Miller, of Marion County, has been suspended for noncooperation, per a June 6, 2012, Indiana Supreme Court order. The justices ordered Miller to show cause in February as to why she should not be immediately suspended from the practice of law. Her suspension begins immediately and she is ordered to reimburse the disciplinary commission $511.18.

Reinstatement
Louis W. Denney, of Delaware County, has been reinstated in Indiana, per a June 5, 2012, Indiana Supreme Court order. The justices ordered his suspension May 25 for failing to pay costs assessed in a disciplinary action by Oct. 1, the due date of his annual registration fee.•