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Friday, August 26, 2016

Ind. Decisions - Three new disciplinary rulings from Supreme Court

In the Matter of Edward L. Harris III and In the Matter of: Samuel G. Vazanellis, are immediate suspensions from the practice of law in this state for failure to cooperate with the Disciplinary Commission’s investigation of a grievance.

In In the Matter of: James A. Shoaf, a 2-page, 5-0 order, The Court writes:

At relevant times, Respondent was a contracted public defender in Bartholomew Superior Court. Respondent received appointments to represent indigent defendants on appeal of criminal convictions pursuant to an agreement that, among other things, provided for a flat fee payment of $2,000 for appeals from sentencing orders. By custom, Respondent would seek one -half of this fee up front and the remainder when the appeal was complete. In three such sentencing appeals for which Respondent either accepted appointments or otherwise acted as appellate counsel, Respondent filed notices of appeal and case summaries but thereafter failed to advance the appeals, resulting in the Court of Appeals dismissing each appeal. In at least two of these appeals, Respondent invoiced and received from the County partial payment s of $1,000. In two appeals, Respondent did not notify the defendant that the appeal had been dismissed; and in the third appeal, in response to an inquiry from the defendant, Respondent advised the appeal had been dismissed due to a “technicality. * * *

For Respondent’s professional misconduct, the Court suspends Respondent from the practice of law for a period of 60 days, beginning October 6, 2016.

Posted by Marcia Oddi on August 26, 2016 01:28 PM
Posted to Ind. Sup.Ct. Decisions