Opinion
No. 71S00-0701-DI-45.
March 23, 2007.
ORDER DENYING PENDENTE LITE SUSPENSION UPON NOTICE OF GUILTY FINDING AND ORDERING CASE TO PROCEED
On January 29, 2007, the Disciplinary Commission filed its "Notice of Guilty Finding and Request for Suspension" requesting that Respondent be suspended pendente lite pursuant to Indiana Admission and Discipline Rule 23, section 11.1(a). Respondent filed his response on February 16, 2007. Because the Commission has sought Respondent's suspension under Rule 23, section 11.1(a) (conviction of a felony), and not under Rule 23, section 11.1(b) (substantial risk of harm to public), the Court is not inclined to order a suspension pendente lite under the facts of this particular case. Further, because Respondent's pleading admits the material allegations of the Commission's Notice of Guilty Finding, the Court is receptive to proceeding to final disposition of this matter.
Being duly advised, the Court DENIES the Commission's request that Respondent be suspended pendente lite.
The Court ORDERS the parties to notify the Court on or before April 20, 2007, if either party disputes the merits of the case and desires the appointment of a hearing officer. If the parties do not request the appointment of a hearing officer, the parties shall submit their briefs on the appropriate sanction, on or before May 21, 2007.
The Clerk of this Court is directed to forward a copy of this Order to the parties.
DONE at Indianapolis, Indiana, this 23rd day of March, 2007.
All Justices concur.