Opinion
Supreme Court Case No. 21S-DI-21
03-18-2021
In the MATTER OF: Anne E. SANDERS, 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 July 2020, pursuant to a guilty plea, Respondent was convicted of a misdemeanor count of operating a vehicle while intoxicated ("OWI"). Respondent has a prior misdemeanor conviction for OWI. Respondent has no prior discipline, was cooperative with law enforcement officials and the disciplinary process, and has sought assistance with the Judges and Lawyers Assistance Program (JLAP).
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 60 days, beginning April 29, 2021, with 30 days actively served and the remainder stayed subject to completion of at least two years of probation . 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 continue with any treatment and counseling prescribed for her as part of her participation with JLAP.
(2) If Respondent violates the terms of her probation by failing to complete her program of treatment and counseling, or if she should again be arrested for an OWI-related offense, the stay of her suspension will be vacated and the balance of her stayed suspension will 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).
The costs of this proceeding are assessed against Respondent. Pursuant to the parties’ stipulation, the Court hereby orders Respondent to pay $284.31 by check made payable to the Clerk of the Indiana Supreme Court and transmitted to the Roll of Attorneys Administrator in the Office of the Clerk of the Indiana Supreme Court. Upon receipt, the Clerk is directed to disburse those funds as follows: (1) $34.31, payable to the Commission as reimbursement for investigative expenses incurred; and (2) $250.00, payable to the Clerk for court costs.
All Justices concur.