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Disciplinary Actions - 9/6/17

September 6, 2017

Indiana Lawyer Disciplinary ActionsThe 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.

REINSTATEMENT
Marion County attorney Paul J. Page was reinstated to practice in Indiana by the Supreme Court Aug. 15. Page pleaded guilty in 2013 to a count of wire fraud and was sentenced to two years of probation and a $10,000 fine. His license was suspended in May 2014 and he filed for reinstatement exactly two years later. Justice Massa did not participate.

RESIGNATION
Marion County attorney Clark G. Rehme resigned from the bar effective Aug. 15. Rehme had a pending disciplinary complaint against him. Rehme faces several felonies for sexual misconduct and official misconduct for allegedly inappropriately touching inmates at the Shelby County jail while serving as a public defender. He must wait at least five years before petitioning for reinstatement.

Elkhart County attorney Anthony J. Iemma resigned from the bar effective Aug. 24. His resignation required acknowledgment of a pending disciplinary investigation. He must wait five years to petition for reinstatement and must pay the costs of the proceeding.

Vigo County attorney Edward T. Kemp resigned from the bar effective Aug. 25. His resignation required acknowledgment of a pending disciplinary investigation. He must wait five years to petition for reinstatement and must pay the costs of the proceeding.

SUSPENSION
Marion County attorney Jonathan L. Bailey was suspended Aug. 15 for noncooperation pertaining to the Disciplinary Commission’s investigation into a grievance. He must pay $520.01 for the costs of prosecuting the proceeding.

Allen County attorney Kenneth A. Schenk was suspended Aug. 24 related to his conviction for OWI in 2011, guilty plea to possession of marijuana in 2016 – neither of which was reported to the Disciplinary Commission – and a 2015 arrest leading to various OWI-related charges. That prosecution has been deferred pending completion of the Allen County Alcohol Deterrent Program. Schenk must serve 30 days of his 180-day suspension, beginning Oct. 5, with the rest stayed subject to completion of at least 24 months of probation with JLAP monitoring. The costs of the proceeding are assessed against him.

CONTEMPT
Disbarred Marion County attorney Timothy P. O’Connor has been found in contempt for being paid to provide legal services to an individual on an expungement matter in 2014. O’Connor was disbarred in 1990 and has not been reinstated to practice. The Supreme Court on Aug. 21 ordered O’Connor to pay a $500 fine and disgorge the $1,200 he was paid in connection with the expungement matter within 30 days. If not, he will be sentenced to prison for 30 days. His petition for reinstatement has been dismissed with prejudice and he may not again petition for reinstatement. Justice David dissents, seeking to impose more significant sanctions.•

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