[DOWNLOAD] "Matter Kenneth C. Kern" by Supreme Court of Indiana Cause No. 49S00-8806-DI-547 # eBook PDF Kindle ePub Free

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eBook details

• Title: Matter Kenneth C. Kern
• Author : Supreme Court of Indiana Cause No. 49S00-8806-DI-547
• Release Date : January 21, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

This case is before the Court on a two count complaint charging the Respondent, Kenneth C. Kern, with violating the Code of
Professional Responsibility and the Rules of Professional Conduct for Attorneys at Law which superseded the Code effective
January 1, 1987. The Hearing Officer appointed pursuant to Admission and Discipline Rule 23 has submitted her findings concluding
that the Respondent engaged in misconduct under Count II but finding insufficient evidence to prove misconduct under Count
I. The Respondent has petitioned for review of the findings, and the Commission has responded. The Respondent has also filed
a Motion to Strike the Disciplinary Commission's Brief and a Request for Sanctions wherein he contends that the charges are
frivolous and unfounded and that costs of this proceeding should be assessed against the Commission. The review process employed in disciplinary cases involves a de novo examination of all matters presented to the Court. In
re Hampton (1989), Ind., 533 N.E.2d 122. This includes a review not only of the Hearing Officer's report but also of the entire
record tendered in the case. The Hearing Officer's findings receive emphasis due to the unit opportunity for direct observation
of witnesses, but this Court reserves the right to make the ultimate determination. In re Stanton (1986), Ind., 492 N.E.2d
1056. Respondent's objections to the findings and Conclusions will be resolved within the context of this review process.
Respondent's Motion to Strike is hereby denied.

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