Opinion
No. 71S00-0604-DI-146.
May 9, 2007.
ORDER DENYING WITHOUT PREJUDICE MOTION TO CONVERT SUSPENSION FOR NONCOOPERATION WITH THE DISCIPLINARY PROCESS TO INDEFINITE SUSPENSION
On August 18, 2006, pursuant to Indiana Admission and Discipline Rule 23(10)(f), this Court suspended Respondent from the practice of law in this State for failing to cooperate with the Disciplinary Commission concerning a grievance filed against Respondent. The Disciplinary Commission has now moved to convert Respondent's suspension to an indefinite suspension from the practice of law pursuant to Admission and Discipline Rule 23(10)(f)(4). In response, Respondent filed a "Motion to Proceed on the Merits," stating he has retained counsel and is prepared to address the issues on the merits.
The Court finds that more than six months have passed since Respondent was suspended due to noncooperation with the disciplinary process. Thus, Respondent's suspension could be converted to an indefinite suspension from the practice of law pursuant to Admission and Discipline Rule 23(10)(f)(4). The Court has decided, however, to give Respondent an opportunity to demonstrate full cooperation with the Commission instead of converting his current suspension to an indefinite suspension at this time.
The Court therefore DENIES the Motion without prejudice and ORDERS Respondent to cooperate fully with the Commission in its investigation of any and all grievances, as required by Admission and Discipline Rule 23(10)(e). If full cooperation is not forthcoming within sixty (60) days of the date of this order, the Commission may renew its motion for conversion to indefinite suspension.
The Clerk of this Court is directed to forward notice of this order to the parties or their respective attorneys. * DONE at Indianapolis, Indiana, this 9th day of May, 2007.
All Justices concur, except Shepard, C.J., and Sullivan, J., who dissent.