In re Howe

Summary

The Indiana Supreme Court accepted an attorney’s consent to discipline after he admitted to three OWI convictions, including two that he failed to report to the Disciplinary Commission. The Court imposed a 180-day suspension, with 60 days to be actively served and the remainder stayed subject to at least two years of probation and specified alcohol-treatment and monitoring conditions.

Holdings

1. Respondent violated Indiana Professional Conduct Rule 8.4(b) by committing criminal acts, including the 2004 and 2010 OWI offenses, that reflected adversely on his honesty, trustworthiness, or fitness as a lawyer.
2. Respondent violated Indiana Admission and Discipline Rule 23(11.1)(a)(2) by failing to notify the Disciplinary Commission of his guilty findings for the 2004 and 2010 OWI convictions.
3. A 180-day suspension from the practice of law was warranted, with 60 days actively served and the remaining 120 days stayed subject to at least two years of probation and specified treatment, abstinence, monitoring, reporting, and compliance conditions.

Questions Presented

1. Whether Respondent engaged in professional misconduct by committing criminal acts reflecting adversely on his honesty, trustworthiness, or fitness as a lawyer.
2. Whether Respondent violated the attorney-discipline rule requiring notification to the Disciplinary Commission of a guilty finding.
3. What discipline should be imposed in light of Respondent's admitted misconduct and consent to discipline.

Disposition

other