Opinion
Case No. 79S00-0509-DI-406.
November 23, 2005.
ORDER DISMISSING ORDER TO SHOW CAUSE AND DIRECTING THE RESPONDENT TO PAY COSTS
On September 16, 2005, this Court issued an Order to Show Cause, directing the respondent to show cause why he should not be suspended from the practice of law in this state for failing to respond to the Disciplinary Commission's subpoena duces tecum. On November 4, 2005, the Commission filed a Verified Request for Ruling, stating that respondent had not responded to this Court's Order to Show Cause. On November 9, 2005, the Commission filed a Notice to the Court, stating that the respondent had complied with the Commission's subpoena duces tecum. The Commission has also moved this Court to impose costs against the respondent, pursuant to Ind.Admission and Discipline Rule 23(10)(f)(5), in the amount of $514.18.
This Court, being duly advised, now finds that based upon the Commission's notice this matter should be dismissed with costs imposed against respondent.
IT IS, THEREFORE, ORDERED that this Court's Order to Show Cause issued in this matter on September 16, 2005, is hereby dismissed as moot.
IT IS FURTHER ORDERED that the respondent, Charles R. Deets, III, pursuant to Admis.Disc.R. 23(10)(f)(5), is to reimburse the Disciplinary Commission $514.18 for the costs of prosecuting this proceeding. Admis.Disc.R. 23(10)(f)(5) and 23(21)(j) provide that the respondent's failure to pay these costs by the due date of the next annual registration fee (October 1) shall be subject to an order of suspension from the practice of law.
The Clerk of this Court is directed to forward notice of this Order to the respondent or his attorney and to the Indiana Supreme Court Disciplinary Commission.
SHEPARD, C.J., and SULLIVAN, BOEHM, and RUCKER, JJ., concur.
DICKSON, J., not participating.