Disciplinary Actions
Read who has been suspended from the practice of law in the latest reporting period.
Indiana Supreme Court
Articles
Justices agree to hear jury instruction, non-compete cases
The Indiana Supreme Court granted transfer to two cases last week, including to a decision that gave a defendant the opportunity for a retrial after the Indiana Court of Appeals determined a jury instruction on “fleeing” law enforcement was fundamentally erroneous.
Indiana Court Decisions — Aug. 16-28, 2018
Read Indiana appellate court decisions from the last reporting period.
Private plaintiff taking public access case to SCOTUS?
After a years-long fight, the Indiana Supreme Court in February issued a ruling that affirmed what’s come naturally to generations of Hoosiers: Indiana’s beach on Lake Michigan belongs to the public.
But parties who sued to privatize the beach, whose names are the only plaintiffs listed on filings to the U.S. Supreme Court, don’t own the property. They haven’t for years.
Deadline near to apply for Monroe County, Terre Haute judgeships
Attorneys interested in filling vacancies on the Monroe Circuit Court and Terre Haute City Court have just days remaining to make their interest known. Wednesday, Sept. 5 is the deadline to submit applications for Gov. Eric Holcomb’s appointments to both positions.
JLAP violation reinstates Indy attorney’s suspension
An Indianapolis attorney who violated the terms of her Supreme Court-imposed probation must now serve the full length of her suspended discipline after failing to comply with her Judges and Lawyers Assistance Program monitoring agreement.
Ex-prosecutor who withheld recanted testimony suspended
The Indiana Supreme Court suspended a former Porter County deputy prosecutor from the practice of law for 18 months for withholding from the defense evidence that an alleged victim said he had been coached to lie and had recanted allegations of child molestation.
Justices OK resentencing after gang enhancement vacated
An Evansville trial court may resentence a would-be robber for his eight convictions after the Indiana Supreme Court ruled that vacating the defendant’s criminal gang enhancement did not rid the trial court of its resentencing authority.
Lawyer: State not enforcing Lake Michigan public access opinion
An attorney who is part of the legal team that won an Indiana Supreme Court decision preserving public access to the shores of Lake Michigan says state agencies are refusing to enforce the court’s order while private property owners on the lakefront seek a possible appeal to the U.S. Supreme Court.
Justices remove Lake superior judge from retention ballot
The Indiana Supreme Court yanked a Lake Superior Court judge from the Nov. 6 retention ballot following his retirement announcement Friday that came after the court’s office of judicial administration requested a new judge be appointed due to alleged dereliction of duty.
Justices clarify definition of sexual misconduct with a child
The Indiana Supreme Court found the “slightest penetration of the sex organ” was sufficient to affirm the conviction of a man of four counts of child molestation and eight counts of sexual misconduct with a minor. Justices offered guidance on what constitutes “other sexual misconduct” in affirming a man’s Level 1 felony child molestation conviction.
Attorney who neglected med mal case suspended for year
An Indianapolis attorney currently under an indefinite suspension for failing to cooperate with a disciplinary investigation has now been suspended for one year after neglecting an elderly client’s medical malpractice case, leading to its dismissal.
Danville attorney suspended for 3 years after 10 rules violations
A Danville attorney who committed 10 acts of misconduct – including neglecting clients, advertising misleading information, mismanaging a trust account, lying and failing to cooperate with a disciplinary investigation –has been suspended from the practice of law for three years.
Indiana Court decisions – Aug. 2–15, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Affirming juvenile DOC placement, COA seeks effective counsel guidance
A 15-year-old who had multiple instances of violent rage and who could no longer be controlled by his parents was properly placed in the Department of Correction, an Indiana Court of Appeals panel found. But judges also used the case to ask the Indiana Supreme Court for guidance on measuring the effectiveness of counsel in similar juvenile cases.
Boone, Shelby County judges certified as senior judges
The Indiana Judicial Nominating Commission has certified two new senior judges to serve in Indiana’s trial courts. Indiana Supreme Court Chief Justice Loretta Rush, acting as chair of the Indiana Judicial Nominating Commission, certified J. Jeffrey Edens and Charles D. O’Connor as senior judges in Boone and Shelby counties, respectively.
Public hearing on child support guidelines Friday
The Domestic Relations Committee of the Judicial Conference of Indiana is seeking comments on Indiana’s Child Support Guidelines and will hold a public hearing at 10 a.m. Friday in the Indiana Supreme Court Courtroom at the Statehouse to discuss the guidelines.
Judge pro tempore appointed in Terre Haute City Court
Attorney Kim Antcliff Jackson of Cory, Indiana, took office Monday as Terre Haute City Court Judge pro tempore, replacing retiring Judge Chris A. Wrede. Jackson’s appointment was announced in an Indiana Supreme Court order issued Thursday.
Attorney guilty of felony OWI avoids suspension, gets JLAP monitoring
An Indianapolis attorney with two operating while intoxicated convictions in as many years has received a stayed suspension of her law license from a majority of the Indiana Supreme Court, which ordered the attorney to participate in Judges and Lawyers Assistance Program monitoring.
Justices let wrongful death suit proceed against Munster Church
A wrongful death suit brought against a Munster church by the family of a babysitter who died at the home of the church’s pastors will proceed to trial after the Indiana Supreme Court denied transfer last week.