Opinion
Supreme Court Case No. 23S-DI-276
11-08-2023
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: In May 2022, Respondent was involved in a motor vehicle collision that seriously injured an occupant of the other vehicle. Respondent unsuccessfully attempted to conceal his intoxication from the officer who responded to the scene of the accident, and a blood draw showed a 0.15 alcohol concentration level.
In June 2023, Respondent pled guilty to operating a vehicle while intoxicated causing serious bodily injury, a level 5 felony. The requirements of Respondent's three-year criminal probation include substance abuse evaluation and treatment, remote alcohol monitoring through Soberlink, and abstention from possessing or consuming alcohol. Respondent also has engaged the assistance of the Indiana Judges and Lawyers Assistance Program (JLAP) and is currently under a voluntary monitoring agreement.
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 submissions 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 365 days, beginning December 20, 2023, with 60 days actively served and the remainder stayed subject to completion of at least two years of probation with JLAP monitoring . 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 validly prescribed.
(2) Respondent shall be screened for alcohol at least once per month.
(3) Respondent shall have no violations of the Rules of Professional Conduct during his probation.
(4) Any violation of the terms of Respondent's probation 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.
(5) 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.
Respondent shall not undertake any new legal matters between service of this order and the effective date of the suspension, and Respondent shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). 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).
Having accepted the parties’ conditional agreement and approved the agreed discipline, the Court hereby DENIES as moot the Commission's "Notice of Finding of Guilt and Petition for [Interim] Suspension" filed in this case.
The costs of this proceeding are assessed against Respondent.
All Justices concur.