Disciplinary Actions – 12/17/14

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.

Public reprimand
Kevin M. McShane, of Marion County, was publicly reprimanded by the Indiana Supreme Court Nov. 24. McShane was found to have violated Indiana Professional Conduct Rules 1.3; 1.4(a)(3); 1.4(a)(4); 1.4(b); and 1.5(a). The discipline stems from McShane’s inactions in separate post-conviction relief matters.

Clarksville Town Court Judge Mickey K. Weber received a public reprimand and a ban on future judicial office – dependent upon completing a treatment plan – from the Indiana Supreme Court Dec. 5. Weber pleaded guilty earlier this year to criminal mischief in the second degree and operating a motor vehicle while under the influence of alcohol in March in Kentucky. The parties agreed that Weber violated Rules 1.1 and 1.2 of the Code of Judicial Conduct. Weber has had previous issues related to alcohol abuse.

Weber must resign from office by Dec. 31 and will remain ineligible for future judicial service until he successfully completes an approved treatment plan and two-year monitoring agreement with the Judges and Lawyers Assistance Program. Weber must pay the costs of the proceeding.

John W. Peters, of Porter County, was publicly reprimanded by the Indiana Supreme Court Dec. 5 for violating Indiana Professional Conduct Rule 1.5(c). Peters represented a client on a contingency basis in a civil action brought against a landlord, but Peters never put the fee agreement in writing. This led to a fee dispute with the client after a judgment in favor of the client was paid.

The justices noted the misconduct was due to an oversight. The costs of the proceeding are assessed against Peters.

Suspension
John M. Farrar Jr., of Marion County, was suspended Nov. 24 from the practice of law by the Indiana Supreme Court as a result of his conviction of Class D felony operating a vehicle while intoxicated with a prior conviction. The interim suspension shall continue until further order of the court or final resolution of any resulting disciplinary action, provided no other suspension is in effect.

Marisa Aguilar, of Marion County, has been suspended by the Indiana Supreme Court after the justices revoked her probation Dec. 4. Her suspension begins Jan. 20, 2015, for a period of at least 30 days, without automatic reinstatement. The Disciplinary Commission claimed Aguilar violated the conditions of probation by failing to timely respond to requests for information concerning grievances filed by two clients. The costs of the proceeding are assessed against her.•