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Friday, July 05, 2013

Ind. Courts - "Supreme Court suspends E.C. attorney for at least 3 years"; and some observations on the disbarment option.

Dan Carden of the NWI Times reported July 2nd on the Supreme Court's June 28th decision in In the Matter of: Noah HOLCOMB, Jr.:

INDIANAPOLIS | A longtime Lake County defense attorney, who served briefly as East Chicago city judge, has been suspended from practicing law for at least three years for misusing client funds.

The Indiana Supreme Court determined Noah Holcomb Jr. violated numerous professional conduct rules, including charging unreasonable fees, commingling client and attorney funds, taking trust account funds for personal use, failing to pay money a client was entitled to and engaging in conduct prejudicial to the administration of justice.

Holcomb's three-year suspension begins Aug. 2. He was denied automatic reinstatement and must demonstrate remorse and rehabilitation to the court to regain his law license.

Chief Justice Brent Dickson, a Hobart native, said Holcomb's punishment likely would have been more severe had he not reached an agreed settlement with the court's disciplinary commission.

Nevertheless, two of the five justices dissented from the disciplinary ruling because they believed Holcomb should have been disbarred.

The opinion concludes:
All Justices concur, except David and Rush, JJ. who dissent, believing Respondent should be disbarred.
ILB: Recall this May 8th ILB post, quoting a reader who observed the number of dissents by J. David in disciplinary rulings, calling for stronger punishment. The reader asked: "It's an area of the Supreme Court's jurisdiction that gets very little attention, but I wonder if Justice David will be able to cobble together a coalition of Justices who will share his approach."

J. David was also the sole justice to call for disbarment in the notorious Usher case - see this May 17th post.

Posted by Marcia Oddi on July 5, 2013 09:16 AM
Posted to Ind. Sup.Ct. Decisions