Opinion
No. 31S00–1507–DI–446.
02-15-2016
In the Matter of David A. LAYSON, Respondent.
Published Order Approving Statement of Circumstances and Conditional Agreement for Discipline
Pursuant to Indiana Admission and Discipline Rule 23(11), 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: As part of an investigation into a grievance filed against the Respondent, the Commission issued Respondent a demand for information and a subpoena duces tecum. Respondent failed to respond, prompting this Court to issue a show cause order. Respondent did not respond to the show cause order, and on April 23, 2015, this Court suspended Respondent for noncooperation. That suspension was terminated in May 2015 upon certification of Respondent's eventual compliance.
The parties cite the following facts in aggravation: (1) Respondent has prior discipline, including discipline for similar misconduct; (2) Respondent also failed to respond with discovery in this case; and (3) Respondent has substantial experience in the practice of law. The parties cite as a fact in mitigation that Respondent admitted to the allegations in the verified complaint.
Violation: The parties agree that Respondent violated Indiana Professional Conduct Rule 8.1(b), which prohibits failing to respond in a timely manner to the Commission's demands for information.
Discipline: The parties propose the appropriate discipline is a 60–day suspension with automatic reinstatement. The Court, having considered the submissions of the parties, now approves the agreed discipline.
For Respondent's professional misconduct, the Court suspends Respondent from the practice of law for a period of 60 days, beginning March 24, 2016. 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). At the conclusion of the period of suspension, provided there are no other suspensions then in effect, Respondent shall be automatically reinstated to the practice of law, subject to the conditions of Admission and Discipline Rule 23(4)(c).
The costs of this proceeding are assessed against Respondent. With the acceptance of this agreement, the hearing officer appointed in this case is discharged.
All Justices concur.