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Wednesday, January 30, 2013

Ind. Decisions - Supreme Court posts 4 disciplinary orders today

In the Matter of John W. Nelson

Stipulated Facts: Count 1. Based on an incident on August 31, 2002, Respondent pled guilty to operating a vehicle while intoxicated ("OWI"), a class C misdemeanor. He did not report the finding of guilt to the Commission.
Count 2. Based on an incident on August 26, 2006, Respondent pled guilty to Domestic Battery, a class A misdemeanor. He did not report the finding of guilt to the Commission.
Count 3. Based on an incident on August 13, 2010, Respondent was tried and found guilty of OWI and operating a vehicle with an "ACE" of between .08% and .15%, both class C misdemeanors. He did not report the findings of guilt to the Commission, even though ordered to do so in the sentencing order. * * *

Discipline: The Court, having considered the submission of the parties, now approves the following agreed discipline.

For Respondent's professional misconduct, the Court suspends Respondent from the practice of law for a period of 180 days, beginning March 8, 2013, with 30 days actively served and the remainder stayed subject to completion of at least 36 months of probation.

In the Matter of Kathryn R. Janeway
Based on an incident on February 8, 2012, Respondent pled guilty to operating a vehicle while intoxicated ("OWI"), a class A misdemeanor. At the time of her arrest, she was a deputy prosecutor for Hendricks County. She has since been terminated from that position.

The parties cite no facts in aggravation. The parties cite the following facts in mitigation: (1) Respondent has no disciplinary history; (2) Respondent self-reported her arrest and conviction to the Commission; (3) Respondent contacted IU Health at Methodist Hospital after her arrest and is in full compliance with its recommended treatment program; and (4) Respondent had no prior OWI arrests or convictions. * * *

Discipline: The parties propose the appropriate discipline is a public reprimand. The Court, having considered the submissions of the parties, now approves the agreed discipline and imposes a public reprimand for Respondent's misconduct.

In the Matter of Michael C. Kendall
Respondent has tendered to this Court a resignation from the bar of this State, pursuant to Indiana Admission and Discipline Rule 23(17).

IT IS THEREFORE ORDERED that the resignation from the bar of this State tendered by Respondent is accepted effective immediately. * * *

IT IS FURTHER ORDERED that all attorney disciplinary proceedings pending against Respondent are hereby dismissed as moot because of Respondent’s resignation from the bar of this State, subject to consideration of pending allegations in the event there is a petition for reinstatement.

In the Matter of David F. Rees - also a resignation, with language similar to above.

Posted by Marcia Oddi on January 30, 2013 02:26 PM
Posted to Ind. Sup.Ct. Decisions