Opinion
Supreme Court Case No. 21S-DI-466
01-06-2022
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: Respondent served as the elected Clerk-Treasurer for the City of Portage from January 2012 through the end of 2019. He applied for admission to the Indiana bar in March 2016 and was admitted to the Indiana bar in October 2016. At the time of his bar application but prior to his bar admission, Respondent, in his capacity as Clerk-Treasurer, was engaged in an illegal scheme involving payments to three companies controlled by his then-girlfriend. This criminal conduct came to light in 2019, Respondent was charged with official misconduct in 2020, and Respondent pled guilty to an amended charge of conflict of interest in 2021.
As a result of his conviction of a crime punishable as a felony, Respondent has been under an order of interim suspension since August 10, 2021.
Violation: The parties agree that by failing to disclose on his bar application his payments as Clerk-Treasurer to the entities controlled by his then-girlfriend, Respondent violated Indiana Professional Conduct Rule 8.1(b).
Discipline: The parties propose the appropriate discipline is a 180-day suspension with automatic reinstatement, retroactive to the date of interim suspension. 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 180 days, beginning August 10, 2021. 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(18)(a).
The costs of this proceeding are assessed against Respondent. Pursuant to the parties’ stipulation, the Court hereby orders Respondent to pay $250.00 by check made payable and transmitted to the Clerk of the Indiana Supreme Court. Because the costs taxed are payable to the Clerk for court costs, the Clerk shall retain the funds in their entirety upon receipt. The expenses incurred by the Commission will be submitted separately.
With the acceptance of this agreement, the hearing officer appointed in this case is discharged with the Court's appreciation.
All Justices concur.