Opinion
Supreme Court Case No. 22S-DI-245
11-04-2022
In the MATTER OF: Michelle D. LADY, 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: In May 2022, Respondent pled guilty to operating a vehicle while intoxicated (OWI) with a prior conviction, a level 6 felony. Respondent has a prior misdemeanor OWI conviction, entered in 2021. Respondent has been on inactive status since 2012, has no prior discipline, and has been engaged in treatment to address factors contributing to her misconduct.
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 60 days, beginning on the date of this order, with 30 days actively served with automatic reinstatement, and the balance 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 the stipulation that any violation of probation may result in active service of the stayed suspension 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).
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 Request for [Interim] Suspension" filed in this case.
The costs of this proceeding are assessed against Respondent. Pursuant to the parties’ stipulation, the Court hereby orders Respondent to pay $257.33 by check made payable and transmitted to the Clerk of the Indiana Supreme Court. Upon receipt, the Clerk is directed to disburse those funds as follows: (1) $7.33, payable to the Commission as reimbursement for investigative expenses incurred; and (2) $250.00, payable to the Clerk for court costs.
All Justices concur, except Slaughter, J., who did not participate in the decision of this matter.