The Fleecing of Indiana's Scared-to-Death Lawyers by the Legal Ethics Defense Bar and the Indiana Supreme Court

THE HEAD OF THE SNAKE

Based on publicly available records, so far, it has been shown that Indiana taxpayers paid approximately $491,500 to defend Rokita across six state disciplinary matters between 2022 and 2025. Yes, that is a fact.

The Disciplinary Commission’s process, as described in Indiana Admission and Discipline Rule 23, requires a grievance, investigation, and a verified complaint before public action. If the states verified complaint turns out perjured or self-conflicting, self-impeaching and mendacious, they simply amend and add more counts against the target. The should be prosecuted and their chosen hearing officers should dismiss the complaints, which is "rarely done" according to a recent case. HE can find no case where it was ever done, making the recent order in In Re Todd Rokita a lie.

HE guest contributor, Doug Bernacchi, paid a string of weak lawyers over $260,000 personally between 2015-2018 to defend him against completely frivolous and false charges in a reopened ethics case when he ran for judge in St. Joseph County. Attorney Bernacchi never got a hearing on the merits, was tricked to accepting a plea that never happened, and lied to by his onw lawyers -- requiring their being fired. He paid their finals billings as the honorable lawyer he was for 27 years. Just think one person can cancel you and end your legal career like that.

After facing state-sponsored perjury that his "client" who he never met, lost her home due to incompetence when the real estate and Michigan court records were clear Bernacchi had had nothing to do with Sharon Brown Perry in a prior real estate collapse years earlier, or losing her home "she shared with her grandson" (quoting the IN Sup. Court order in his case), public records and Perry's own filing state she called him nearly after she had lost her home in Kalamazoo, MI, only to delay a case seeking to hold her son in contempt of court for back child support. Her son was very ill and need a continuance. The Supremes wrongly found that she wanted her sick son jailed for not paying her support for the grandson she took out of state 17 years earlier. Yet, she was the payee of her son's Social Security benefits. This was case where bad facts made bad law and Bernacchi was wrongly disciplined by G. Michael Witte and Loretta Rush.

Bernacchi and his lawyer Thomas F. Godfrey, III, of Michigan City were not allowed a single witness in his bizarre and bogus case. Mario Sims was present in court to testify that he was not paid or never collected fees for Bernacchi and never spit any legal fees with him either. The state suppressed the truth to assure Bernacchi would not be elected to the bench. His attorney Tom Godfrey filed for Bernacchi's reinstatement in 2019 and hearing has never been set. But what did happen is the Indiana referred him to other states for prosections, including Utah where he was not even a lawyer. These agencies are not protecting the public, only themselves and their friends and it is wrong. Who will investigate other than HE?

Like so many other lawyers, Bernacchi was railroaded, had no recourse, and he said later, "not only did my lawyers commit malpractice, with the exception of Thomas F. Godfrey, III, but the others, Thomas Dixon of Osceola and John Tompson of Indianapolis were unethical, lied to me, and they were and are completely afraid of the opposing party (state state), fearing that if they spoke truth to power, they too could face rigged attorney discipline."

This is evidence to HE of a one-sided system, lacking access to competent and independent legal counsel, a right for all Americans, except Indiana lawyers, protected by the U.S. Constitution and Bill of Rights.

But not in Indiana, yet. It seems ironic that lawyers, who have fought long and hard for the rights of their criminal clients, then for themselves the protections codified in the Rules of Criminal Procedure do not apply to lawyers accused of violating ethical laws and guidelines, oddly.

According to the Indiana Lawyer, which HE is not fond of ever quoting, approximately $29,207 was paid from public funds to attorney Donald Lundberg, a former head of Indiana’s Supreme Court Disciplinary Commission, under a contract to provide “advisory legal counsel” to the Office of the Attorney General (OAG) and Curtis Hill in his professional capacity, specifically concerning the March 2018 misconduct allegations.

Additionally, the Office of the Attorney General entered into a $10,000 contract with attorney Kevin Betz, designated to defend Hill against EEOC and tort claims.

Then, according to WFYI in the disciplinary proceedings, the Indiana Supreme Court ordered Curtis Hill himself to pay roughly $19,068.54 to reimburse investigation and hearing expenses. This reflects roughly one-third of what the Disciplinary Commission originally sought ($57,000 in total).

The Supreme Court Fleeced Curtis Hill, who was accused of touching a few accusers ending any possibility that most popularly elected statewide Republican should or could ever challenge Gov. Holcomb in his primary for a re-election bid. HIll's punishment was a reported as a slap on the wrist, but he was fleeced and destroyed. His successor Rokita is currently under attack but for a different reason.

Clearly, Lorreta Rush, reigning Chief Justice of the Indiana Supreme Court (or her puppet master) is the ranking legal official in Indiana not the Attorney General. That much is clear in a world where the other legal media in Indiana reports primarily only what is provided to them. They don't bother sending HE their lies.

On July 18, 2025, the Indiana Supreme Court denied Rokita’s motion to dismiss, stating dismissal at this preliminary stage is exceedingly rare. They referred the case to a three-member hearing panel drawn from across the state, suggesting possible mediation before hearing, but it is now proceeding to discovery and hearing phase -- as follow up to HE's prior articles on this case.

Rokita by the expensive legal counsel you are paying for had moved to dismiss the state's newest legal ethics complaint, citing free speech and anti‑SLAPP protections. The Commission strongly opposed the motion, denouncing the attempt as procedurally improper and without merit. DENIED. No information about any appeal could be found. Maybe his lawyers aren't that brave?

So, how is the Indiana Supreme Court helping? Are these actions protecting the public? Where is the Indiana General Assembly Oversight? They are certainly enriching former employees, ethics CLE and legal seminar speakers who defend these cases. Again, $29,207 was paid from public funds to attorney Donald Lundberg, a former head of Indiana’s Supreme Court Disciplinary Commission, who lives now in Long Island, NY. Others make a great living having also exited the revolving door of government. They aren't afraid. Are they part of the corrupt system that may need FBI inquiry? Why are lawyers be fleeced, and is that why you can't find one?

After Lundberg at the too powerful Indiana Supreme Court Attorney Disciplinary Commission: The long-time Disciplinary Commission Executive Secretary, Donald Lundberg, retired from the position in December 2009. The nine-member Commission, which includes both lawyers and citizen members, immediately began working to find an appropriate candidate to fill the role of Executive Secretary. The Commission chose to have the entire body play a role in the search, rather than appoint a sub-committee dedicated to the mission per usual at the time.

The Commission received 24 applications and began vetting potential candidates. In February, the Commission reviewed the applications submitted. In March, discussion on the applications continued. The Commission selected approximately ten candidates to interview and the process of meeting with those ten candidates began in April. In May, the Commission selected Judge Witte as the Executive Secretary and the Indiana Supreme Court approved his appointment without a public comment, or a hearing. But then they have exclusive authority even if they abuse it.

According to press release from Kathryn Dolan of the SCOIN on May 10, 2010, "Mr. Witte is expected to begin working in mid-June. As Disciplinary Commission Executive Secretary he will work with agency staff and the nine-member Commission to ensure members of the Indiana bar uphold the Rules of Professional Conduct. He will lead the agency that investigates and prosecutes cases of alleged attorney misconduct. The Indiana Supreme Court has final authority over all attorney discipline cases." The disfavored Indiana Lawyer reported eventually that Witte reduced a "severe backlog" of years‑old disciplinary cases by streamlining processes and introducing electronic case management; by 2020 only 24 cases remained unresolved. Essentially, criticizing former Executive Secretary Lundgren and his staff's efforts.

Witte, who retired early from the powerful post, was accused by multiple attorneys—like Patrick Rocchio, Paul Ogden, Patrick Rocchio, Curtis Hill, Andrew Straw, Joseph Lehman, Doug Bernacchi, former Marion County Prosecutor Carl Brizzi, and many others—of misusing disciplinary authority to punish critics or political opponents. Self-reporting attorney, Rob Neary, a prosecutor in LaPorte County who over heard a murder confer with his defense lawyer, was over sanction, fleeced, and fined. He was ordered to remit a sum over $20k to return to work some 6 years later.

One lawyer told HE of his lawyer demanding payments or he would withdraw noisy if he was not compensated overcharges immediately. The insiders -- ethics defense lawyers-- and the state's ethics prosecutors are not acting ethically, right? But then the high court, the justices, legislators, and Governor are all at fault. Immunity will causes that result, and it has in Indianapolis, IN.

Victims describe suppressed speech and retaliation for whistleblowing or public commentary against the utter fraud he was engaged in at the Commission. Senior Judge Witte was a former drug and dui court justice in Lawrenceburg, in Dearborn County, a small southern county. Dearborn County Superior Judge Witte was voted out of office by his own party's voters in a primary, which is rare and speaks volume about the quality of his service. But he was a DEI choice in a time when it was deemed best to punish white males for the supposed sins of their fathers and grandfathers. Witte was "the first Asian judge in Indiana" according to his own boasting. (Worth noting: the GOP County Chairman when Witte was ousted in Dearborn County was later the first assistant Indiana Attorney General working under Curtis Hill. Is that a coincidence?).

One public commenter weighted in regarding Witte's resignation from the Commission by commenting, which HE found online -- but which was clearly never addressed by state authorities, or the Feds -- reads:

His tenure was rocky and his abilities and decisions were questioned with led him to retaliate against those who claimed to be falsely accused, including Atty. Patrick Rocchio, Top state prosecutor Robert Neary (https://wsbt.com/news/local/attorney-suspended-for-4-years-for-eavesdropping-on-suspects-11-07-2017), local Indianapolis blogger and attorney Paul Ogden (http://www.ogdenonpolitics.com/2013/07/hearing-provides-more-evidence-that.html), and many others including the first black State Attorney General Curtis Hill (https://www.nytimes.com/2020/05/11/us/politics/curtis-hill-indiana-attorney-general.html#:~:text=Curtis%20T.,at%20a%20party%20in%202018).

Another Italian lawyer who felt attacked or targeted by witte, Indianapolis' state prosecuting attorney Carl Brizzi cried foul as well at a press conference. https://cbs4indy.com/news/former-marion-county-prosecutor-cries-foul-over-pending-disciplinary-charges/.

Again defending the charges only brought more prosecutorial vigor. In criminal cases retaliation by prosecutors is prosecutorial misconduct, but in Indiana and elsewhere lawyers are not afforded the benefits of criminal procedure in ethics cases which are governed by special rules, known as the Rules of Professional conduct which expressly deny lawyers the rights, ironically, that they have over decades have sought for their clients.

One online post referring to one victim of Witte, Attorney Rocchio as a good lawyer, reads: "Great man, Great Lawyer, Truth is he was witch-hunted by G. Michael Witte a “knuckhead” of the highest order! Go Pat go!! Justice requires all Indians Supreme Court Attorney Disciplinary Cases be overturned and the victims of Witte paid damages.. Hate Crimes happened in Indiana against good lawyers by a racist government official named Gordon Michael Witte and Chief Justice of the Indiana Supreme Court Loretta Rush allowed it. https://nicelocal.com/michigan/law/rocchio_patrick_k/

Another tweet shared how demented Witte was in public and paranoid even,"This week at a CLE, "Judge" G. Michael Witte said Mr. Patrick Rocchio was "trolling him even to this day." Can you say JLAP?" JLAP is there to help mentally stressed or deranged lawyer and judges like Witte. https://twitter.com/actor_american/status/899026355534385154

In February 2021, Witte retired from his career as the first Asian Executive Director of the Indiana Supreme Court Attorney Disciplinary Commission. He is now a senior judge by order of Loretta Rush. https://www.in.gov/courts/files/order-judges-2021-21S-MS-49.pdf

By making him a senior judge, he remains immune from lawsuits for his past illegal acts. https://www.govinfo.gov/app/details/USCOURTS-insd-1_16-cv-03483

Too many allege that he violated their civil rights to be ignored. Many of whom where amoung Indiana's better lawyers, while Witte and his AD Commission failed to address or stop many real bad, criminally convicted lawyers over who he was empowered to regulate, such as Eric Marshall of South Bend and William F. Conour of Indianapolis who voluntarily surrendered law licenses after being convicted of serious felony crimes that Witte allowed to occur while incompetently going down rabbit holes, wasting resources attacking target victims/enemies. https://www.theindianalawyer.com/articles/south-bend-attorney-sentenced-to-over-10-years-in-prison-for-defrauding-clients; https://www.abajournal.com/news/article/ex-lawyer

Commentators have labeled Witte’s leadership — and Chief Justice Rush’s protection of him — as part of a corrupted, unaccountable ethics enforcement regime wielding unchecked regulatory power over the legal profession. She has appointed him a senior judge which protects him from his deserved prosecutions.

This state Commission was and is a flawed agency and approach very much in need of reform for half a century.

Today, Executive Director: Adrienne L. Meiring (2021–present) is the head of the snake.

Meiring became Executive Director of the Indiana Supreme Court Disciplinary Commission in mid‑2021, following a long tenure at the Judicial Qualifications Commission Indiana, and serving under Rush. There is no public explanation of how or why or over whom she was selected. But it is noted that she came in with yet another reform-minded role and approach, again effectively criticizing the job of the now Senior Judge and his staff.

She is focused as the media reported on ethics education, early intervention, and prevention rather than punitive discipline. She emphasizes both protecting the public and shielding attorneys from frivolous complaints, right?

She's done nothing to repair the damage before her. She must remain protective of Rush and her court's errors. She has wasted the limited resources of her office and overseen high-profile enforcement actions, notably the one discussed above against Indiana Attorney General Todd Rokita, drawing accusations that her office is politically motivated or retaliatory. The Commission under her leadership strongly defended and rebuffed Rokita’s arguments invoking First Amendment or anti‑SLAPP protections, calling claims of political bias “meritless” and insisting the matter concerned the integrity of the disciplinary process—not politics?

Until the system is reformed students are avoiding attending law school in Indiana or taking the bar exam in the state.

When or when will this problem get addressed, and by whom, Gov. Braun? The IGA? The FBI?

The voters returned Chief Justice Loretta Rush to office last year although with the lowest retention vote percentage in state history. She is not good, and should not have been retained. Meanwhile, publicly available records show that Indiana taxpayers paid approximately $491,500 to defend Rokita across six disciplinary matters between 2022 and 2025