Disciplinary Actions-9/23/15

The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state’s rules for admission to the bar and Rules of Professional Conduct. The Indiana Commission on Judicial Qualifications brings charges against judges, judicial officers, or judicial candidates for misconduct. Details of attorneys’ and judges’ actions for which they are being disciplined by the Supreme Court will be included unless they are not a matter of public record under the court’s rules.

Suspension
Lindsay C. Potthast, of Indianapolis, has been suspended from the practice of law for a period of not less than 30 days, without automatic reinstatement. The court revoked a probation Potthast was serving following the Disciplinary Commission’s filing on July 23 of a verified motion alleging she materially violated the terms of her probation. On that same date, the commission filed a Notice of Guilty Finding and Request for Suspension, the result of Potthast having committed the violation of operating a vehicle while intoxicated with a prior conviction within five years.

The discipline was issued in a Sept. 4 order by the Indiana Supreme Court.

Rebecca K. Browning, of Noblesville, has been suspended from the practice of law for 30 days.

According to the order issued Sept. 9 by the Indiana Supreme Court, Browning was employed as a deputy prosecutor. In discussions with defense counsel in three separate cases, it was determined in each case that the defendant was an appropriate candidate for pre-trial diversion. Accomplishing this result required the charging informations to be amended to reflect certain criteria. Browning gained the necessary approvals and prepared amended charging informations with signature lines for herself as the attorney and for an investigator as the affiant providing the factual information for the charges. However, the investigator was not available to execute the documents when they were ready and, rather than waiting, Browning signed the investigator’s name to each amended information without the investigator’s knowledge or consent. The amended informations were filed in court and when the county prosecutor learned what had occurred, Browning’s employment was terminated. A special prosecutor appointed to investigate the conduct concluded that criminal charges were not warranted.

Browning will be automatically reinstated at the conclusion of 30 days as long as no other suspensions are in effect. At the time the Sept. 9 order was issued, Browning was under suspension for failure to fulfill her continuing legal education requirements.

Interim Suspension
David J. Steele, of Indianapolis, has been suspended from the practice of law, effective immediately. The order was issued Sept. 4 by the Indiana Supreme Court following Steele’s tendering of an affidavit consenting to the imposition of an emergency interim suspension.•