2 attorneys suspended for noncooperation

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The Indiana Supreme Court has issued a pair of orders suspending two attorneys for noncompliance with the Indiana Supreme Court Disciplinary Commission.

The high court issued the disciplinary orders Friday for In the Matter of Joseph A. Kelley, 23S-DI-254, and In the Matter of Rebecca L. Balanoff, 23S-DI-280.

Balanoff had been suspended from the practice of law for noncompliance in May 2022.

The Merrillville attorney was ordered to show cause on Dec. 14, 2021, as to why she should not be immediately suspended from the practice of law in Indiana for failure to cooperate with the commission’s investigation of a grievance against her, which she has not done.

The commission filed a “Request for Ruling and to Tax Costs” on March 25 of that year, to which Balanoff also hadn’t responded.

She was reinstated in August 2022.

But according to Friday’s order, on Oct. 18, 2023, the high court ordered Balanoff to show cause why she should not be immediately suspended from the practice of law in this state for failure to cooperate with the commission’s investigation of a grievance.

Balanoff did not respond to the order and the commission filed a “Request for Ruling and to Tax Costs” in November.

The attorney’s suspension is effective immediately.

Pursuant to Admission and Discipline Rule 23(10.1)(c)3, Balanoff’s suspension will continue until the Disciplinary Commission’s executive cirector certifies to the court that the attorney has cooperated fully with the investigation or until further order of the court, provided there are no other suspensions then in effect.

Balanoff is also ordered to fulfill the duties of a suspended attorney under Admission and Discipline Rule 23(26) and to reimburse the commission $525.88 for the costs of prosecuting the proceeding.

In Kelley’s order, the high court ordered the Bloomington attorney in September 2023 to show cause why he should not be immediately suspended from the practice of law for failing to cooperate with the commission’s investigation of a grievance.

The attorney did not respond to the show cause order or a “Request for Ruling and to Tax Costs,” leading to the high court’s order to suspend him.

Kelley had already been under suspension for continuing legal education noncompliance, according to the order.

He was also ordered to reimburse the commission $516.87 for the costs of prosecuting the proceeding.

Chief Justice Loretta Rush issued both disciplinary orders, with all justices concurring.

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