Disciplinary Actions – May 2, 2018

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.

Suspensions

Marion County attorney Jordan E. Olivetti was suspended from the practice of law for not less than six months, without automatic reinstatement, effective as of a March 15 order. Olivetti pleaded guilty in January 2017 to a Class A misdemeanor count of operating a vehicle while intoxicated, while charges of resisting law enforcement and possession of marijuana and paraphernalia were dismissed pursuant to a plea agreement. Olivetti had prior convictions of OWI in 2003 and misdemeanor illegal consumption of alcohol by a minor in 2000. Costs of the proceedings are assessed against Olivetti.

Hendricks County attorney Michael R. Jeffries was suspended from the practice of law for noncooperation with the investigation of a grievance filed against him, effective as of a March 22 order. Jeffries is ordered to reimburse the Disciplinary Commission $519.68 for the costs of prosecuting the proceeding.

Marion County attorney Kirmille D. Lewis was suspended on an interim basis, effective as of a March 22 order, upon a verified emergency petition alleging misconduct that could pose a substantial risk of harm to the public, clients, potential clients or the administration of justice. The interim suspension was converted to an indefinite suspension per an April 12 order for Lewis’ failure to cooperate with the commission’s investigation of two grievances. Lewis is ordered to reimburse the commission $520.53 for the costs of the proceeding.

Hamilton County attorney Mark F. Nichols was suspended for one year, without automatic reinstatement, beginning May 24, per the terms of a published order of April 12 approving a statement of circumstances and conditional agreement for discipline. Nichols took no action on behalf of an expungement client and a client who hired him to obtain specialized driving privileges. He also failed to appear at a plea hearing for a criminal defendant in a felony case and was retained by another client to pursue an unavailable post-conviction relief case. Nichols also failed to refund unearned fees and charged unreasonable fees, among 10 agreed rules violations. Costs of the proceeding are assessed against Nichols.

Marion County attorney Robert Cheesebourough was suspended effective April 22, per an April 12 published order suspending him for failure to pay costs. Cheesebourough failed to pay costs assessed in a disciplinary action by the annual Oct. 1 registration date and failed to respond to the commission’s petition for suspension.•