Disciplinary Actions – 1/24/18

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.

SUSPENSIONS

Howard County attorney Charles R. Huston was suspended from the practice of law, effective immediately, per a Dec. 7 order, for failure to cooperate with a Disciplinary Commission investigation of a grievance. The suspension remains until the commission certifies he has cooperated or until further order of the court. Huston is ordered to reimburse the commission $520.52 for the costs of the proceeding.

Marion County attorney Milton Bradberry, Jr. was suspended from the practice of law, effective immediately, per a Dec. 7 order, for noncooperation with a Disciplinary Commission investigation of a grievance. The suspension remains until the commission certifies he has cooperated or until further order of the court. Bradberry is ordered to reimburse the commission $519.68 for the costs of the proceeding.

Monroe County attorney Philip H. Chamberlain was suspended from the practice of law for a period of three years without automatic reinstatement, effective immediately, per a Dec. 18 order. Chamberlain committed attorney misconduct for his conviction of the crime of counterfeiting. Chamberlain previously was under an interim suspension for a scheme to steal $10,000 from a client. Any petition for reinstatement must prove full restitution to the victim. Costs of the proceeding are assessed against him.

Marion County attorney Jonathan L. Bailey’s suspension for noncooperation with a disciplinary complaint against him was converted to an indefinite suspension, effective immediately, per a Jan. 11 order. Bailey failed to respond to the Disciplinary Commission’s motion to convert the suspension for his prior failure to to cooperate with the commission’s investigation of a grievance against him.

St. Joseph County attorney Marcus E. Ellison was suspended for at least 90 days without automatic reinstatement, per a Dec. 20 order effective Jan. 31. The court found Ellison violate multiple rules of professional conduct for neglecting and failing to file an appeal in an expungement case and afterward engaging in a pattern of dishonesty to cover up his neglect. Costs of the proceeding are assessed against him.

Marion County attorney Carl L. Epstein was suspended from the practice of law for at least 90 days without automatic reinstatement per a Dec. 20 order effective Jan 15. Epstein counseled or assisted a defendant in a child molesting case in a way he knew was criminal or fraudulent. He also told the client he had an ability to improperly influence judges, and he made racially discriminatory comments about another client. Costs of the proceeding are assessed against him.

SUSPENSION RESIGNATION
Lake County attorney Ruth Ann Batey resigned from the bar per a Dec. 19 order accepting her resignation and concluding the disciplinary proceeding stemming from a grievance against her. She acknowledges a proceeding involving allegations of misconduct against which she could not successfully defend herself if prosecuted. Batey was charged with Level 5 felony theft for allegedly stealing the proceeds of two checks totaling $88,750 from two Gary police officers she represented in a personal-injury case. Costs of the proceeding are assessed against her.