In re Schenk

Summary

The Indiana Supreme Court approved a conditional agreement disciplining an attorney who had been convicted of operating while intoxicated and possession of marijuana and failed to report the convictions to the disciplinary commission. The Court suspended the attorney for 180 days, with 30 days to be actively served and the remainder stayed subject to at least 24 months of probation with monitoring. The order also imposed conditions concerning substance use, legal and professional violations, and reporting probation violations.

Holdings

1. The stipulated facts established that Respondent violated Indiana Professional Conduct Rule 8.4(b) by committing criminal acts reflecting adversely on his trustworthiness or fitness as a lawyer and violated Admission and Discipline Rule 23(11.1)(a)(2) by failing to notify the Commission of his criminal convictions.
2. The Court approved the Conditional Agreement for Discipline and suspended Respondent from the practice of law for 180 days, with 30 days actively served and the remaining 150 days stayed subject to at least 24 months of probation with JLAP monitoring.

Questions Presented

1. Whether the stipulated facts established violations of Indiana Professional Conduct Rule 8.4(b) and Admission and Discipline Rule 23(11.1)(a)(2).
2. Whether the Court should approve the parties' Conditional Agreement for Discipline and impose the agreed sanction.

Disposition

approved