Opinion
Case No. 49S00-0607-DI-253.
August 18, 2006.
ORDER GRANTING COMMISSION'S MOTION TO DISMISS AND TAXING COSTS
On July 10, 2006, the Indiana Supreme Court Disciplinary Commission filed in this case its Verified Petition to Show Cause Why Respondent Should Not Be Suspended for Failure to Cooperate with the Disciplinary Process. Subsequently, on July 18, 2006, in Cause No. 49S00-0602-DI-76, this Court issued an Order suspending respondent from the practice of law for six (6) months without automatic reinstatement, effective September 1, 2006. In light of this suspension, on July 24, 2006, the Commission filed its Motion to Dismiss and to Tax Costs in this case. The Commission noted that if respondent seeks reinstatement in Cause No. 49S00-0602-DI-76, his alleged failure to cooperate in this cause could be addressed in the reinstatement proceedings.
This Court, being duly advised, now finds that the Commission's motion should be granted.
IT IS, THEREFORE, ORDERED that the Commission's Verified Petition to Show Cause Why Respondent Should Not Be Suspended for Failure to Cooperate with the Disciplinary Process filed in this cause on July 10, 2006, is hereby dismissed.
IT IS FURTHER ORDERED that the respondent, Clifford W. Shepard, pursuant to Admis.Disc.R. 23(10)(f)(5), is to reimburse the Disciplinary Commission $514.64 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.