Attorney Sign In

This is not the official court record. Official records of court proceedings may only be obtained directly from the court maintaining a particular record.

SCHALK, DAVID E. IN THE MATTER:

Case Number 53S00-1104-DI-00244
Court Supreme Court
Type DI - Attorney Discipline
Filed 04/28/2011
Status 04/28/2011 Closed
Reference
Original County Cause Number
DISCIPLINARY

Parties to the Case

Appellant Schalk, David E.
Appellee Disciplinary Commission

Chronological Case Summary

04/28/2011
Converted Event
FILED SUMMONS BY THE DISCIPLINARY COMMISSION (1) CERTIFICATE OF SERVICE (1) MAIL 04/28/11. ENTERED ON 04/28/11 DL
04/28/2011
Converted Event
VERIFIED COMPLAINT FOR DISCIPLINARY ACTION (6) CERIFICATE OF SERVICE (2) MAIL 04/28/11. 5 PAGES ENTERED ON 04/28/11 DL
05/17/2011
Converted Event
ISSUED THE ENCLOSED ORDER:
05/17/2011
Converted Event
IT IS THEREFORE ORDERED THAT THE HONORABLE WAYNE S. TROCKMAN IS APPOINTED TO HEAR THIS MATTER PURSUANT TO ADMISSION AND DISCIPLINE RULE 23 AND IS DIRECTED TO QUALIFY AND ASSUME JURISDICTION. THE HEARING OFFICER HAS THE AUTHORITY AND AFFIRMATIVE DUTY TO MANAGE THIS CASE AND TO BRING IT TO CONCLUSION AS EXPEDITIOUSLY AS PRACTICABLE. A PUBLICATION ENTITLED "ATTORNEY DISCIPLINARY CASES: A GUIDE FOR HEARING OFFICERS" MAY BE FOUND ON THE COURT'S WEBSITE AT WWW.IN.GOV/JUDICIARY/ADMIN/PUBS.HTML. RANDALL T. SHEPARD, CHIEF JUSTICE (ORDER REC'D 05/17/11 AT 2:30 P.M.) ENTERED ON 05/17/11 KJ
05/17/2011
Converted Event
****** ABOVE ENTRY MAILED ******
05/19/2011
Converted Event
OATH OF HEARING OFFICER (1) SERVED ALL COUNSEL OF RECORD (1) MAIL 05/19/11. ENTERED ON 05/26/11 DL
06/02/2011
Converted Event
****NOTE: RECEIVED UNSIGNED ANSWER. ATTORNEY NOTIFIED BY PHONE. ENTERED ON 06/03/11 DL
06/11/2011
Converted Event
ANSWER TO VERIFIED COMPLAINT FOR DISCIPLINARY ACTION PREFACE. (6) CERTIFICATE OF SERVICE (6) MAIL 06/10/11. ENTERED ON 06/14/11 DL
06/17/2011
Converted Event
FILED THE ENCLOSED ORDER:
06/17/2011
Converted Event
ORDER: COMES NOW THE COURT AND SETS THIS MATTER FOR PRE-HEARING CONFERENCE ON JULY 13, 2011, AT 10:00 A.M. (EVANSVILLE TIME), RESERVING 30 MINUTES. SAID CONFERENCE MAY BE TELEPHONIC, IF AGREEABLE. RESPONDENT'S COUNSEL TO INITIATE CALL. HON. WAYNE S. TROCKMAN, HEARING OFFICER. (ORDER REC'D 06/26/11 BY MAIL) ENTERED ON 06/23/11 DL
07/13/2011
Converted Event
FILED THE ENCLOSED ORDER:
07/13/2011
Converted Event
ORDER: RESPONDENT BY TELEPHONE; DISCIPLINARY COMMISSION BY COUNSEL, SETH T. PRUDEN, BY TELEPHONE. PRE-HEARING CONFERENCE HELD JULY 13, 2011. HEARING IS SET FOR NOVEMBER 7, 2011, AT 8:30 A.M. (EVANSVILLE TIME), RESERVING ALL DAY. PARTIES AGREE THAT SAID HEARING SHALL BE BY NON-STENOGRAPHIC MEANS. PARTIES TO EXCHANGE FINAL WITNESS AND EXHIBIT LISTS ON OR BEFORE SEPTEMBER 23, 2011. DISCOVERY TO BE COMPLETED ON OR BEFORE OCTOBER 21, 2011. ALL PRE-TRIAL MOTIONS, IF ANY, TO BE FILED BY OCTOBER 24, 2011. FINAL PRE-TRIAL CONFERENCE SCHEDULED FOR OCTOBER 28, 2011, AT 8:30 A.M. (EVANSVILLE TIME); COUNSEL MAY APPEAR BY TELEPHONE WITH RESPONDENT INITIATING CALL TO THE HEARING OFFICER. COUNSEL GIVEN AUTHORITY PURSUANT TO RULE 23 TO SIGN ANY SUBPOENA NEEDED FOR DEPOSITIONS, PRODUCTION OF DOCUMENTS OR APPEARANCE OF WITNESSES. HON. WAYNE S. TROCKMAN, HEARING OFFICER. (ORDER REC'D 07/20/11 BY MAIL) ENTERED ON 07/21/11 AV
09/22/2011
Converted Event
DISCIPLINARY COMMISSION'S WITNESS AND EXHIBIT LIST (2). CERTIFICATE OF SERVICE (2) MAIL 09/22/11. ENTERED ON 09/22/11 AV
09/27/2011
Converted Event
DAVID SCHALK'S WITNESS AND EXHIBIT LIST (2). CERTIFICATE OF SERVICE (2) MAIL 09/27/11. ENTERED ON 09/29/11 AV
09/27/2011
Converted Event
DAVID SCHALK'S WITNESS AND EXHIBIT LIST. (2) CERTIFICATE OF SERVICE (2) MAIL 09/27/11. ENTERED ON 02/01/12 DL
10/03/2011
Converted Event
FILED THE ENCLOSED MINUTE ENTRY:
10/03/2011
Converted Event
MINUTE ENTRY: COMES NOW THE HEARING OFFICER AND ON HIS OWN MOTION, DUE TO HEARING OFFICER'S CONGESTED CALENDAR, HEARING DATE OF 11/7/11 IS VACATED. PARTIES TO APPEAR BY TELEPHONE ON FINAL PRE-TRIAL CONFERENCE DATE OF 10/28/11 AT 8:30 A.M. (EVANSVILLE TIME) TO RESET NEW HEARING DATE AND NEW DEADLINES. RESPONDENT TO INITIATE CALL TO THE HEARING OFFICER. HON. WAYNE S. TROCKMAN, HEARING OFFICER (ENTRY REC'D. 10/6/11 BY MAIL) ENTERED 10/7/11 KM
10/28/2011
Converted Event
FILED THE ENCLOSED ORDER:
10/28/2011
Converted Event
ORDER: RESPONDENT, DAVID E. SCHALK, BY TELEPHONE; DISCIPLINARY COMMISSION BY COUNSEL, SETH T. PRUDEN, BY TELEPHONE. PRE-HEARING CONFERENCE HELD OCTOBER 28, 2011. HEARING IS SET FOR MARCH 12, 2012, AT 9:00 A.M. (INDIANAPOLIS TIME), RESERVING 2 DAYS, IN THE CONFERENCE ROOM OF THE INDIANA DISCIPLINARY COMMISSION'S OFFICE. ATTORNEY PRUDEN SHALL MAKE ARRANGEMENTS FOR A COURT REPORTER. PARTIES TO EXCHANGE FINAL WITNESS AND EXHIBIT LISTS 45 DAYS PRIOR TO HEARING DATE (JANUARY 27, 2012). DISCOVERY TO BE COMPLETED 15 DAYS PRIOR TO HEARING DATE (FEBRUARY 27, 2012). ALL PRE-TRIAL MOTIONS, IF ANY, TO BE FILED 15 DAYS PRIOR TO HEARING (FEBRUARY 27, 2012). FINAL PRE-TRIAL CONFERENCE SCHEDULED FOR FEBRUARY 24, 2012, AT 8:30 A.M. (EVANSVILLE TIME); COUNSEL MAY APPEAR BY TELEPHONE AND THE HEARING OFFICER SHALL INITIATE THE CALL TO THE PARTIES. COUNSEL GIVEN AUTHORITY PURSUANT TO RULE 23 TO SIGN ANY SUBPOENA NEEDED FOR DEPOSITIONS, PRODUCTION OF DOCUMENTS OR APPEARANCE OF WITNESSES. HON. WAYNE S. TROCKMAN, HEARING OFFICER. (ORDER REC'D 11/02/11 BY MAIL) ENTERED ON 11/02/11 AV
02/01/2012
Converted Event
DISCIPLINARY COMMISSION'S AMENDED WITNESS AND EXHIBIT LIST (2). CERTIFICATE OF SERVICE (2) MAIL 02/01/12. ENTERED ON 02/01/12 AV
02/02/2012
Converted Event
FIELD THE ENCLOSED ENTRY:
02/02/2012
Converted Event
ENTRY: ON MOTION OF HEARING OFFICER, DUE TO CONGESTION/CONFLICT ON HIS COURT CALENDAR, HEARING SET IN THIS MATTER FOR 3/12/12 AND PRE-TRIAL CONFERENCE SET FOR 2/24/12 ARE VACATED. HEARING OFFICER SHALL CONTACT COUNSEL S. PRUDEN AND RESPONDENT. D. SCHALK, TO RESET HEARING DATE. HEARING OFFICER NOTIFIES COUNSEL PRUDEN AND D. SCHALK BY TELEPHONE TODAY OF THIS MINUTE. HON. WAYNE S. TRAOCKMAN, HEARING OFFICER (ENTRY REC'D 02/06/12 BY MAIL) ENTERED ON 02/06/12 DL
02/06/2012
Converted Event
FILED THE ENCLOSED ORDER:
02/06/2012
Converted Event
ORDER: RESPONDENT, DAVID E. SCHALK, BY TELEPHONE; DISCIPLINARY COMMISSION BY COUNSEL, SETH T. PRUDEN, BY TELEPHONE. TELEPHONIC PRE-HEARING CONFERENCE HELD. HEARING IS SET FOR MAY 21, 2012, AT 9:00 A.M. (INDIANAPOLIS TIME), RESERVING 2 DAYS, IN THE CONFERENCE ROOM OF THE INDIANA DISCIPLINARY COMMISSION'S OFFICE. ATTORNEY PRUDEN SHALL MAKE ARRANGEMENTS FOR A COURT REPORTER. PARTIES TO EXCHANGE FINAL WITNESS AND EXHIBIT LISTS 45 DAYS PRIOR TO HEARING DATE (APRIL 6, 2012). DISCOVERY TO BE COMPLETED 15 DAYS PRIOR TO HEARING DATE (MAY 4, 2012). ALL PRE-TRIAL MOTIONS, IF ANY, TO BE FILED 15 DAYS PRIOR TO HEARING (MAY 4, 2012). FINAL PRE-TRIAL CONFERENCE SCHEDULED FOR MAY 11, 2012, AT 9:30 A.M. (EVANSVILLE TIME); COUNSEL MAY APPEAR BY TELEPHONE AND THE COMMISSION'S COUNSEL SHALL INITIATE THE CALL TO THE PARTIES. COUNSEL GIVEN AUTHORITY PURSUANT TO RULE 23 TO SIGN ANY SUBPOENA NEEDED FOR DEPOSITIONS, PRODUCTION OF DOCUMENTS OR APPEARANCE OF WITNESSES. HON. WAYNE S. TRAOCKMAN, HEARING OFFICER (ORDER REC'D 02/08/12 BY MAIL) ENTERED ON 02/08/12 AV
05/11/2012
Converted Event
REPORT TO THE HEARING OFFICER. (2) CERTIFICATE OF SERVICE (2) MAIL 05/11/12. ENTERED ON 05/14/12 DL
05/11/2012
Converted Event
FILED THE ENCLOSED MINUTE:
05/11/2012
Converted Event
MINUTE: COMMISSION BY COUNSEL, S. PRUDEN, BY TELEPHONE; AND RESPONDENT, D. SHALK, BY TELEPHONE. FINAL PRE-TRIAL CONFERENCE HELD. HEARING DATE OF MAY 21, 2012, AT 9:00 A.M. (E.S.T.) IS AFFIRMED (1 DAY ONLY). HON. WAYNE S. TROCKMAN, HEARING OFFICER. (ORDER REC'D 05/16/12 BY MAIL) ENTERED ON 05/16/12 DL [A technical issue with this entry was corrected on 07/07/2015]
05/21/2012
Converted Event
FILED THE ENCLOSED MINUTE:
05/21/2012
Converted Event
MINUTE: COMMISSION BY STAFF ATTORNEY, SETH PRUDEN AND RESPONDENT IN PERSON, PRO SE. PARTIES MAKE OPENING STATEMENTS. COMMISSION PRESENTS ITS CASE IN CHIEF AND RESTS. RESPONDENT COMMENCES ITS CASE IN CHIEF AND RESTS. PARTIES MAKE CLOSING STATEMENT. EACH COUNSEL GIVEN UP TO AND INCLUDING 30 DAYS FROM THE DATE THE TRANSCRIPT IS FILED WITH THE COURT TO PRESENT PROPOSED FINDINGS OF FACT AND CONLSUIONS OF LAW, ALONG WITH ANY POST- TRAIL BRIEFS OR CITATIONS TO SUTHORITY. COUNSEL ARE TO COPY EACH OTHER WITH ALL FILINGS AS ORDER HERE. HON. WAYNE S. TRAOCKMAN, HEARING OFFICER. (ORDER REC'D 06/05/12 BY MAIL) ENTERED ON 06/05/12 DL
06/14/2012
Converted Event
FILED THE ENCLOSED MINUTE:
06/14/2012
Converted Event
MINUTE: HEARING OFFICER MODIFIES ITS MINUTE OF 5/21/12 TO REFLECT THAT EACH COUNSEL IS GIVEN UP TO AND INCLUDING 30 DAYS FROM JUNE 7, 2012, TO PRESENT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, ALONG WITH ANY POST-TRIAL BRIEFS OR CITATIONS TO AUTHORITY. HON. WAYNE S. TRAOCKMAN, HEARING OFFICER. (ORDER REC'D 06/18/12 BY MAIL) ENTERED ON 06/18/12 AV
06/22/2012
Converted Event
REQUEST FOR EXTENSION OF TIME. (2) CERTIFICATE OF SERVICE (2) MAIL 06/10/12. ENTERED ON 06/25/12 DL
06/25/2012
Converted Event
FILED THE ENCLOSED MINUTE:
06/25/2012
Converted Event
MINUTE: COURT RECEIVES RESPONDENT'S REQUEST FOR EXTENSION OF TIME OF THE DEADLINE FOR FILING BRIEFS AND PROPOSED FINDINGS AND CONCLUSIONS UP TO AND INCLUDING AUGUST 10, 2012. HON. WAYNE S. TROCKMAN, HEARING OFFICER. (ORDER REC'D 07/02/12 BY MAIL) ENTERED ON 07/02/12 AV
06/26/2012
Converted Event
FILED THE ENCLOSED MINUTE:
06/26/2012
Converted Event
MINUTE: COURT CONTACTS S. PRUDEN OF THE COMMISSION BY TELEPHONE AND IS INFORMED COUNSEL PRUDEN IS OUT OF THE OFFICE ENTIRE WEEK. OVER COUNSEL PRUDEN'S OBJECTION, COURT GRANTS RESPONDENT'S REQUEST FOR EXTENSION OF TIME TO AND INCLUDING AUGUST 10, 2012. HON. WAYNE S. TROCKMAN, HEARING OFFICER. (ORDER REC'D 07/02/12 BY MAIL) ENTERED ON 07/02/12 AV
06/28/2012
Converted Event
NOTICE TO THE HEARING OFFICER. (2) CERTIFICATE OF SERVICE (2) MAIL 06/28/12. ENTERED ON 06/29/12 DL
08/10/2012
Converted Event
DISCIPLINARY COMMISSION'S TENDER OF PROPOSED HEARING OFFICER'S FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION. (2) CERTIFICATE OF SERVICE (2) MAIL 08/10/12. ENTERED ON 08/10/12 DL
08/10/2012
Converted Event
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. (2) CERTIFICATE OF SERVICE (2) MAIL 08/10/12. ENTERED ON 08/14/12 DL
08/10/2012
Converted Event
RESPONDENT'S POST-HEARING BRIEF. (2) CERTIFICATE OF SERVICE (2) MAIL 08/10/12. ENTERED ON 08/14/12 DL
08/10/2012
Converted Event
RESPONSE TO BRIEF ON COLLATERAL ESTOPPEL FOR CRIMINAL CONVICTIONS. (WITH COMMENTARY ON COLLATERAL ESTOPPEL PERTAINING TO LAW ENFORCEMENT OFFICER CREDENTIALS) (2) CERTIFICATE OF SERVICE (2) MAIL 08/14/12. ENTERED ON 08/14/12 DL
08/10/2012
Converted Event
POST-HEARING BRIEF ATTACHMENT: A, B, C, AND D. (2) CERTIFICATE OF SERVICE (2). ENTERED ON 08/14/12 DL
08/22/2012
Converted Event
COMMISSION'S RESPONSE TO RESPONDENT'S POST-HEARING BRIEF. (2) CERTIFICATE OF SERVICE (2) MAIL 08/22/12. ENTERED ON 08/22/12 DL
09/05/2012
Converted Event
REPLY TO COMMISSION'S RESPONSE TO RESPONDENT'S BRIEF. (2) CERTIFICATE OF SERVICE (2) MAIL 09/05/12. ENTERED ON 09/06/12 DL
09/27/2012
Converted Event
HEARING OFFICER'S FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION (6) SERVED ALL COUNSEL OF RECORD (6) MAIL 09/27/12. ENTERED ON 10/03/12 DL
09/27/2012
Converted Event
RECEIVED: 1 VOLUME TRANSCRIPT COMMISSION'S EXHIBITS 1-5, 8-1 TO8-3, 9-1 TO 9-2, EXHIBIT 12 AND 14-2.
10/03/2012
Transmitted to Supreme Court
TRANSMITTED SUPREME ***********10/03/12*********** ENTERED ON 10/03/12 DL
10/19/2012
Converted Event
VERIFIED MOTION FOR EXTENSION OF TIME IN WHICH TO FILE PETITION FOR REVIEW. (6) CERTIFICATE OF SERVICE (6) MAIL 10/19/12. **RESPONDENT ENTERED ON 10/23/12 DL
10/29/2012
Converted Event
ISSUED THE ENCLOSED ORDER:
10/29/2012
Converted Event
BEING DULY ADVISED, THE COURT GRANTS AN EXTENSION OF TIME TO AND INCLUDING DECEMBER 21, 2012, FOR EITHER PARTY TO FILE A PETITION FOR REVIEW. THE PARTIES SHOULD EXPECT THAT ADDITIONAL EXTENSIONS OF TIME TO FILE A PETITION FOR REVIEW WILL LIKELY NOT BE GRANTED. BRENT E. DICKSON, CHIEF JUSTICE (ORDE REC'D 10/30/12 AT 11:20 A.M.) ENTERED ON 10/30/12 KJ
10/29/2012
Converted Event
PETITION FOR REVIEW DUE
10/30/2012
Converted Event
****** ABOVE ENTRY MAILED ******
12/24/2012
Converted Event
RESPONSE TO HEARING OFFICER'S FINDINGS, CONCLUSIONS AND RECOMMENDATION. (6) CERTIFICATE OF SERVICE (6) BY MAIL 06/10/11. ENTERED ON 01/02/13 DL
12/24/2012
Converted Event
BRIEF OF RESPONDENT. (6) CERTIFICATE OF SERVICE (6) BY MAIL 06/10/11. ENTERED ON 01/02/13 DL
12/24/2012
Converted Event
REQUEST FOR ORAL ARGUMENT. (6) CERTIFICATE OF SERVICE (6) MAIL 06/10/11. ENTERED ON 01/02/13 DL
12/26/2012
Converted Event
AMENDED CERTIFICATE OF SERVICE (2) CERTIFICATE OF SERVICE (2) MAIL 12/26/12. ENTERED ON 12/28/12 DL
01/03/2013
Converted Event
VERIFIED MOTION TO FILE AMENDED BRIEF AND COMMENTS. (6) CERTIFICATE OF SERVICE (6) MAIL 01/03/2012. ENTERED ON 01/04/13 DL
01/03/2013
Converted Event
REC'D 01/04/13 AMENDED RESPONSE TO HEARING OFFICER'S FINDINGS, CONCLUSIONS AND RECOMMENDATION AND AMENDED BRIEF OF RESPONDENT. HOLDING ON MY DESK PENDING ABOVE MOTION TO FILE. ENTERED ON 01/04/13 DL
01/11/2013
Converted Event
ISSUED THE ENCLOSED ORDER:
01/11/2013
Converted Event
BEING DULY ADVISED, THE COURT GRANTS RESPONDENT'S MOTION AND DIRECTS THAT THE AMENDED DOCUMENTS BE FILED AND SERVED NO LATER THAN TEN DAYS FROM THE DATE OF THIS ORDER. BECAUSE THE ERRORS TO BE CORRECTED ARE NON-SUBSTANTIVE AND DESCRIBED IN RESPONDENT'S MOTION, THE BRIEFING SCHEDULE OF ADMISSION AND DISCIPLINE RULE 23(15) SHALL REMAIN UNCHANGED. BRENT E. DICKSON, CHIEF JUSTICE (ORDER REC'D. 1/11/13 AT 3:00 PM) ENTERED 1/14/13 KM
01/11/2013
Converted Event
AMENDED RESPONSE TO THE HEARING OFFICER'S FINDINGS, CONCLUSIONS AND RECOMMENDATION. (6) CERTIFICATE OF SERVICE (2) MAIL 01/03/13.
01/11/2013
Converted Event
AMENDED BRIEF OF RESPONDENT. (6) CERTIFICATE OF SERVICE (6) MAIL 01/03/13. ENTERED ON 01/16/13 DL [A technical issue with this entry was corrected on 07/07/2015]
01/14/2013
Converted Event
****** ABOVE ENTRY MAILED ******
01/24/2013
Converted Event
DISCIPLINARY COMMISSION'S RESPONSE AND BRIEF REGARDING SANCTIONS. (6) CERTIFICATE OF SERVICE (6) MAIL 01/24/13. ENTERED ON 01/24/13 DL
02/12/2013
Converted Event
REPLY TO COMMISSIONS RESPONSE. (6) CERTIFICATE OF SERVICE (2) MAIL 02/12/13. ENTERED ON 02/13/13 DL
02/12/2013
Converted Event
AMENDED CERTIFICATE OF SERVICE (6) CERTIFICATE OF SERVICE (6) MAIL 02/12/13. ***RESPONDENT. ENTERED ON 02/14/13 DL
04/15/2013
Converted Event
THE COURT HAS ISSUED THE ATTACHED ORDER:
04/15/2013
Converted Event
FOR RESPONDENT'S PROFESSIONAL MISCONDUCT, THE COURT SUSPENDS RESPONDENT FROM THE PRACTICE OF LAW IN THIS STATE FOR A PERIOD OF NOT LESS THAN NINE MONTHS, WITHOUT AUTOMATIC REINSTATEMENT, BEGINNING MAY 24, 2013. RESPONDENT SHALL NOT UNDERTAKE ANY NEW LEGAL MATTERS BETWEEN SERVICE OF THIS ORDER AND THE EFFECTIVE DATE OF THE SUSPENSION, AND RESPONDENT SHALL FULFILL ALL THE DUTIES OF A SUSPENDED ATTORNEY UNDER ADMISSION AND DISCIPLINE RULE 23(26). AT THE CONCLUSION OF THE MINIMUM PERIOD OF SUSPENSION, RESPONDENT MAY PETITION THIS COURT FOR REINSTATEMENT TO THE PRACTICE OF LAW IN THIS STATE, PROVIDED RESPONDENT PAYS THE COSTS OF THIS PROCEEDING, FULFILLS THE DUTIES OF A SUSPENDED ATTORNEY, AND STATISFIES THE REQUIREMENTS FOR REINSTATEMENT OF ADMISSION AND DISCIPLINE RULE 23(4). REINSTATEMENT IS DISCRETIONARY AND REQUIRES CLEAR AND CONVINCING EVIDENCE OF THE ATTORNEY'S REMORSE, REHABILITATION, AND FITNESS TO PRACTICE LAW. SEE ADMIS. DISC. R. 4. 23(4)(B). THE COSTS OF THIS PROCEEDING ARE ASSESSED AGAINST RESPONDENT. RESPONDENT'S REQUEST FOR ORAL ARGUMENT IS DENIED. THE HEARING OFFICER APPOINTED IN THIS CASE IS DISCHARGED. BRENT E. DICKSON, CHIEF JUSTICE ALL JUSTICES CONCUR. (ORDER REC'D. 4/15/13 AT 2:00 PM) ENTERED 4/15/13 KM
04/15/2013
Converted Event
****** ABOVE ENTRY MAILED ******
04/17/2013
Converted Event
ITEMIZED STATEMENT OF EXPENSES ALLOCABLE TO THE MATTER OF RESPONDENT. (1) CERTIFICATE OF SERVICE (1) MAIL 04/17/13. ENTERED ON 04/17/13 DL
04/19/2013
Converted Event
THE COURT HAS ISSUED THE ATTACHED ORDER:
04/19/2013
Converted Event
THE COURT FINDS THAT THESE EXPENSES ARE DUE AND OWING AS SET OUT IN THE ITEMIZED STATEMENT AND ACCORDINGLY SHOULD BE TAXED TO THE RESPONDENT, DAVID E. SCHALK, PURSUANT TO ADMISSION AND DISCIPLINE RULE 23 AND THE ORDER OR OPINION OF THIS COURT DIRECTING THE ASSESSMENT OF COSTS AGAINST THE RESPONDENT. THE RESPONDENT IS THEREFORE ORDERED TO PAY THE FOLLOWING EXPENSES IN SEPARATE CHECKS: ONE (1) CHECK PAYABLE TO THE SUPREME COURT DISCIPLINARY COMMISSION FOR INVESTIGATIVE EXPENSES ..........$1,096.64 ONE (1) CHECK PAYABLE TO THE CLERK OF THE SUPREME COURT FOR COURT COSTS ..........................$ 250.00 ONE (1) CHECK PAYABLE TO THE SUPREME COURT OF INDIANA FOR HEARING OFFICER AND COURT REPORTER EXPENSES ..........................$2,953.84 THE SEPARATE CHECK(S) ARE TO BE TRANSMITTED TO THE DISCIPLINARY COMMISSION OF THE SUPREME COURT OF INDIANA. INDIANA ADMISSION AND DISCIPLINE RULES 23(16) PROVIDE THAT THE RESPONDENT'S FAILURE TO PAY THESE COSTS BY THE DUE DATE OF THE NEXT ANNUAL REGISTRATION FEE (OCTOBER 1) SHALL SUBJECT RESPONDENT TO AN ORDER OF SUSPENSION FROM THE PRACTICE OF LAW. BRENT E. DICKSON, CHIEF JUSTICE (ORDER REC'D. 4/22/13 AT 2:20 PM) ENTERED 4/23/13 KM [A technical issue with this entry was corrected on 07/07/2015]
04/23/2013
Converted Event
****** ABOVE ENTRY MAILED ******
05/09/2013
Converted Event
MEMORANDUM REGARDING MOTION TO CLARIFY OF PUBLISHED ORDER. (2) CERTIFICATE OF SERVICE (2) MAIL 05/09/13. ENTERED ON 05/14/13 DL
05/09/2013
Converted Event
MOTION TO CLARIFY PUBLISHED ORDER. (2) CERTIFICATE OF SERVICE (2) MAIL 05/09/13. ENTERED ON 05/14/13 DL
05/15/2013
Converted Event
EMERGENCY MOTION TO STAY EFFECTIVENESS OF SUSPENSION ORDER. (6) CERTIFICATE OF SERVICE (6) MAIL 05/15/13. ENTERED ON 05/17/13 DL
05/15/2013
Converted Event
AMENDED CERTIFICATE OF SERVICE (6) CERTIFICATE OF SERVICE (6) MAIL 05/15/13. ENTERED ON 05/17/13 DL
05/21/2013
Converted Event
THE COURT HAS ISSUED THE ATTACHED ORDER:
05/21/2013
Converted Event
BEING DULY ADVISED, AND NOTING PARTICULARLY THAT RESPONDENT DELAYED SEEKING A STAY FOR A FULL MONTH AFTER THE SUSPENSION ORDER WAS ISSUED, THE COURT DENIES RESPONDENT'S "EMERGENCY MOTION TO STAY EFFECTIVENESS OF SUSPENSION ORDER." RESPONDENT'S MOTION TO CLARIFY WILL BE CONSIDERED BY THE FULL COURT IN DUE COURSE. BRENT E. DICKSON, CHIEF JUSTICE OF INDIANA (ORDER REC'D 05/21/13 AT 2:30 P.M.) ENTERED ON 05/21/13 KJ
05/21/2013
Converted Event
****** ABOVE ENTRY MAILED ******
06/11/2013
Converted Event
THE COURT HAS ISSUED THE ATTACHED ORDER:
06/11/2013
Converted Event
ON MAY 9, 2013, RESPONDENT FILED A "MOTION TO CLARIFY PUBLISHED ORDER" AND SUPPORTING MEMORANDUM. THE COURT DENIES RESPONDENT'S MOTION TO CLARIFY PUBLISHED ORDER. ROBERT D. RUCKER, ACTING CHIEF JUSTICE ALL JUSTICES CONCUR. (ORDER REC'D. 6/11/13 AT 2:00 PM) ENTERED 6/12/13 KM
06/12/2013
Converted Event
****** ABOVE ENTRY MAILED ******
09/25/2013
Converted Event
VERIFIED MOTION FOR RULE TO SHOW CAUSE. (6) CERTIFICATE OF SERVICE (6) MAIL 09/25/13. ENTERED ON 09/25/13 DL
09/27/2013
Converted Event
THE COURT HAS ISSUED THE ATTACHED ORDER:
09/27/2013
Converted Event
BEING DULY ADVISED, THE COURT NOW ORDERS RESPONDENT SHOW CAUSE IN WRITING WITHIN 15 DAYS OF SERVICE OF THIS ORDER, WHY RESPONDENT SHOULD NOT BE HELD IN CONTEMPT OF THIS COURT FOR DISOBEDIENCE TO THIS COURT'S ORDER SUSPENDING RESPONDENT FROM THE PRACTICE OF LAW IN THIS STATE. IF RESPONDENT FAILS TO RESPOND OR FAILS TO SHOW CAUSE WHY RESPONDENT SHOULD NOT BE HELD IN CONTEMPT, THE COURT MAY IMPOSE A FINE, IMPRISONMENT, OR BOTH. BRENT E. DICKSON, CHIEF JUSTICE (ORDER REC'D. 9/27/13 AT 1:20 PM) ENTERED 9/27/13 KM
09/27/2013
Converted Event
****** ABOVE ENTRY MAILED ******
09/27/2013
Converted Event
ORDER DATED 9/27/13 SENT TO RESPONDENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED #9214 8901 0661 5400 0022 0325 28. ENTERED 9/27/13 KM
10/02/2013
Converted Event
OBJECTION TO MOTION FOR RULE TO SHOW CAUSE. (6) CERTIFICATE OF SERVICE (6) MAIL 10/02/13. ENTERED ON 10/08/13 DL
10/24/2013
Converted Event
ORDER DATED 9/27/13 THAT WAS SENT TO RESPONDENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WAS RETURNED IN THE MAIL ON 10/24/13, MARKED "RETURN TO SENDER, UNCLAIMED, UNABLE TO FORWARD". NO OTHER ADDRESS AVAILABLE. PLACED WITH CASE. ENTERED 10/24/13 KM
01/27/2014
Converted Event
THE COURT HAS ISSUED THE ATTACHED ORDER:
01/27/2014
Converted Event
THE COURT THEREFORE ORDERS THAT RESPONDENT BE FINED THE SUM OF $500.00. RESPONDENT SHALL REMIT THIS AMOUNT WITHIN 60 DAYS OF THE DATE OF THIS ORDER TO THE CLERK OF THE INDIANA SUPREME COURT, COURT OF APPEALS AND TAX COURT. THE COSTS OF THIS PROCEEDING ARE ASSESSED AGAINST RESPONDENT. ROBERT D. RUCKER, ACTING CHIEF JUSTICE ALL JUSTICES CONCUR. (ORDER REC'D ON 01/27/14 @ 3:00 PM) ENTERED ON 01/29/14 AB
01/29/2014
Converted Event
****** ABOVE ENTRY MAILED ******
01/29/2014
Converted Event
0015551-53; EMAIL SENT REGARDING TRANSMISSION OF ORDERS, OPINIONS & NOTICES TO ATTORNEY DAVID EUGENE SCHALK
This is not the official court record. Official records of court proceedings may only be obtained directly from the court maintaining a particular record.