Opinion
Supreme Court Case No. 21S-DI-262
07-19-2021
In the MATTER OF: Grant E. HELMS, 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 16, 2020, Respondent was arrested and charged with possession of cocaine and paraphernalia. The substance Respondent possessed later was revealed by lab testing to be methamphetamine and not cocaine. On January 27, 2021, Respondent pled guilty to an amended charge of possession of methamphetamine, a level 6 felony entered as a class A misdemeanor.
Respondent has been under an order of interim suspension since May 20, 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 365 days, beginning May 20, 2021, with 90 days actively served and the remainder stayed subject to completion of 24 months 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's JLAP monitoring shall include not less than one random drug test per month and shall prohibit the consumption of any mind-altering substances except as validly prescribed;
(2) Respondent shall have no violations of the Rules of Professional Conduct during his probation;
(3) Respondent shall promptly report in writing to the Commission any violation of the terms of Respondent's probation, and (if relevant to the violation) provide the results of any drug test to the Commission;
(4) If Respondent successfully complies with each term of his probation for 12 consecutive months, he may move to terminate the entirety of his probation; and
(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.
The costs of this proceeding are assessed against Respondent. With the acceptance of this agreement, the hearing officer appointed in this case is discharged with the Court's appreciation.
All Justices concur.