Disciplinary Actions – 7/2/14

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
The suspension of Michael L. Lipsky, of St. Joseph County, has been converted to an indefinite suspension, per a June 12 order by the Indiana Supreme Court. Lipsky was suspended in October 2013 for noncooperation concerning a grievance.

Michael J. Alexander, of Delaware County, has been suspended for 60 days with automatic reinstatement, per a June 16 order. The Indiana Supreme Court found he violated Indiana Professional Conduct Rules 5.5(a) and 8.4(a) for hiring an attorney who had resigned from the bar two years earlier. Alexander later fired the attorney. The justices found Alexander violated Rules 3.4(c), 3.4(e) and 8.4(d) regarding his actions involving discovery in a dram shop case and statements made during closing argument. The Supreme Court noted Alexander took corrective steps regarding his hiring of the ex-attorney and expressed regret regarding his conduct, but that he also has a history of discipline.

His suspension begins Aug. 5 and the costs of the proceeding are assessed against him.

Paul K. Ogden, of Marion County, has been suspended for 30 days with automatic reinstatement, per a June 16 order. The Indiana Supreme Court found comments Ogden made regarding a judge on an estate case of Ogden’s client – that the judge committed malfeasance by allowing the estate to be opened as an unsupervised estate and not requiring the posting of bond – violated Rule 8.2(a) because he made the statements in reckless disregard of the truth or falsity. The justices held other comments Ogden made regarding the judge did not rise to the level of warranting discipline, nor did his action of sending letters to Marion Superior judges and other entities regarding the forfeiture law. Ogden’s suspension begins Aug. 5 and he is ordered to pay one-half of the costs and expenses of the proceeding and a $250 fine to the clerk.•