Opinion
Supreme Court Case No. 21S-DI-414
01-06-2022
In the MATTER OF: Timmy J. BROWN, Respondent
Published Order Approving Statement of Circumstances and Conditional Agreement for Discipline
Pursuant to Indiana Admission and Discipline Rule 23 (12.1)(b), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a "Statement of Circumstances and Conditional Agreement for Discipline" stipulating agreed facts and proposed discipline as summarized below.
Stipulated Facts: On May 17, 2021, Respondent was convicted of OWI with a prior conviction, charged as a level 6 felony but entered as a class A misdemeanor. Respondent's crime occurred in December 2019. Respondent has two prior OWI convictions, entered in 2013 and 2016. Respondent also was charged with public intoxication in 2012, a charge that was dismissed after he successfully completed a pretrial diversion program.
Respondent has been under an order of interim suspension in this matter since October 22, 2021.
Violation: The parties agree that Respondent violated Indiana Professional Conduct Rule 8.4(b), which prohibits committing a criminal act that reflects adversely on Respondent's trustworthiness or fitness as a lawyer.
Discipline: The Court, having considered the submission of the parties, now approves the following agreed discipline. For Respondent's professional misconduct, the Court suspends Respondent from the practice of law for a period of 180 days, beginning on the date of this order, with 60 days actively served and the remainder stayed subject to completion of at least two years of probation with monitoring by the Indiana Judges and Lawyers Assistance Program (JLAP) . The Court incorporates by reference the terms and conditions of probation set forth in the parties’ Conditional Agreement, which include among other things:
(1) Respondent shall refrain from alcohol and all mind-altering substances except as prescribed.
(2) Respondent shall have no violations of the Rules of Professional Conduct during his probation.
(3) Any violation of the terms of Respondent's probation or JLAP monitoring agreement shall promptly be reported in writing to the Commission, and (if relevant to the violation) the report shall include the results of any drug or alcohol test.
(4) If Respondent violates the terms of his probation, the stay of his suspension may be vacated and the balance of the stayed suspension may be actively served without automatic reinstatement.
Notwithstanding the expiration of the minimum term of probation set forth above, Respondent's probation shall remain in effect until it is terminated pursuant to a petition to terminate probation filed under Admission and Discipline Rule 23(16).
The costs of this proceeding are assessed against Respondent.
All Justices concur.