Opinion
No. 79S00-0111-DI-561.
February 10, 2004.
ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE
Pursuant to Ind.Admission and Discipline Rule 23, Section 11, the Indiana Supreme Court Disciplinary Commission and the respondent have submitted for approval a Statement of Circumstances and Conditional Agreement for Discipline stipulating a proposed discipline and agreed facts as summarized below:
Facts:
On September 8, 2000, the respondent pled guilty to Operating a Vehicle While Intoxicated and Resisting Law Enforcement, each a class A misdemeanor. He was sentenced to a term of imprisonment of one and one-half years suspended upon terms and conditions, including no consumption of alcohol, six months of home detention, and participation in an alcohol counseling program. The respondent successfully completed his criminal probation in March 2002.
Violations:
The respondent violated Ind.Professional Conduct Rule 8.4(b), which provides that a lawyer shall not commit a criminal act which reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects.
Discipline:
Suspension from the practice of law for sixty (60) days, effective immediately, with the period of suspension stayed to probation during the ensuing twelve (12) months subject to successful performance of the aftercare provisions specified in the tendered Conditional Agreement. The specific conditions of the respondent's probation are attached hereto as "Exhibit A" and made part of this order. Should the respondent violate any terms of his probation, he shall be required to serve the sixty day suspension and shall be required to petition this Court should he desire reinstatement.
The Court, having considered the submission of the parties, now APPROVES and ORDERS the agreed discipline. Costs of this proceeding are assessed against the respondent. The Clerk is directed to provide notice of this order to the hearing officer in this matter, the Hon. Gregory J. Donat, and to all parties as directed by Admis.Disc.R. 23(3)(d).
All Justices concur.