Opinion
No. 49S00-0705-DI-195.
Filed: August 1, 2007.
ORDER OF DISMISSAL
On May 15, 2007, the Indiana Supreme Court Disciplinary Commission filed a Verified Complaint for Disciplinary Action against the above named attorney pursuant to Indiana Admission and Discipline Rule 23(12)(c). On May 25, 2007, the Court appointed the Honorable Reuben B. Hill as hearing officer in this matter.
Subsequent to the appointment of the hearing officer, the full Court reviewed the complaint in conference and concluded that the order appointing the hearing officer was improvidently entered and that the verified complaint should be dismissed.
The complaint charges Respondent with violating Indiana Professional Conduct Rule 5.1(b): "A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct." The complaint alleges that Respondent failed to supervise the professional conduct of an associate in his law firm appropriately
The alleged inadequate supervision occurred more than eight years ago and the complaint provides no particulars of how Respondent allegedly failed in supervising the associate's conduct.
There is no statute of limitations for disciplinary actions in this state, and the Court has never expressly ruled that laches may be a defense to disciplinary charges. However, considering the totality of circumstances, the Court concludes that further prosecution of this particular case is not warranted.
Being duly advised, the Court DISMISSES this action. With this dismissal, the hearing officer appointed in this case is discharged.
The Clerk of this Court is directed to send a copy of this Order to the hearing officer and to the parties or their respective attorneys.
DONE at Indianapolis, Indiana, this 1st day of August, 2007.