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Friday, November 30, 2012

Ind. Decisions - Supreme Court decides one today

In State of Indiana Ex Rel., Indiana Supreme Court Disciplinary Commission v. Derek A. Farmer, a 10-page, per curiam opinion, the Court writes:

The Indiana Supreme Court Disciplinary Commission (“Commission”) brings this original action in the name of the State of Indiana pursuant to Indiana Admission and Discipline Rule 24. The Commission alleges that Respondent Derek A. Farmer (“Farmer”) engaged in the unauthorized practice of law in Indiana, and it seeks an order from this Court enjoining him from practicing law here. This Court has original jurisdiction over matters involving the unauthorized practice of law. See IND. CONST. art. 7, § 4. * * *

The Commission has failed to meet its burden of demonstrating that an injunction should issue against Farmer. Accordingly, the Court denies the Commission’s verified petition.6 The costs and expenses incurred by the hearing in this matter shall be borne by the Commission. See Admis. Disc. R. 24.

Dickson, C.J., and Rucker, Massa, and Rush, JJ., concur.
David, J., concurs in result without separate opinion.

Posted by Marcia Oddi on November 30, 2012 11:20 AM
Posted to Ind. Sup.Ct. Decisions