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Friday, January 31, 2014

Ind. Decisions - Supreme Court posts two disciplinary orders, both filed Jan. 27th

From In the Matter of: David E. SCHALK, a two-page order by Justice Rucker, acting CJ with all concurring, "finding respondent in contempt of court and imposing fine":

The Court entered an order suspending Respondent from the practice of law in this state for a period of not less than nine months, without automatic reinstatement, beginning May 24, 2013. See Matter of Schalk, 985 N.E.2d 1092 (Ind. 2013). The Commission filed a "Verified Motion for Rule to Show Cause" on September 25, 2013, asserting that Respondent engaged in several acts in violation of the suspension order, including holding himself out as an attorney and representing two persons in a guardianship proceeding. The Court issued an order to show cause on September 27, 2013, and Respondent filed an objection on October 2, 2013, denying any misconduct.

Based on the documents provided to the Court and on Respondent's own account of his actions, the Court concludes that Respondent's actions in the guardianship proceeding constituted the practice of law in violation of his suspension order. * * *

The Court concludes that Respondent's actions in the guardianship proceeding constituted the practice of law in violation of this Court's suspension order. The Court declines to find, however, that the other acts alleged by the Commission constitute contempt of this Court on the evidence provided. * * *

Under the circumstances of this case, the Court concludes that a fine of $500.00 is appropriate discipline for Respondent's contempt of court by practicing law while suspended.

In the Matter of: Paul J. PAGE is a one-page "order of interim suspension upon notice of guilty finding", signed by J. Rucker with all justices concurring except J.Massa, who did not participate:
The Court, being duly advised and upon consideration of all materials submitted, now finds that Respondent was convicted on a guilty plea to the following felony offense under federal law: Aiding and Abetting Fraud by Wire, Radio, or Television.

IT IS THEREFORE ORDERED that Respondent is suspended from the practice of law in this State, effective immediately.

Posted by Marcia Oddi on January 31, 2014 12:56 PM
Posted to Ind. Sup.Ct. Decisions