In the Matter of David J. Magley

Summary

The Supreme Court of Indiana found that David J. Magley committed attorney misconduct by engaging in criminal conduct, engaging in conduct prejudicial to the administration of justice, and failing to notify the Disciplinary Commission of a conviction. The court suspended him from practicing law for at least six months, subject to reinstatement requirements, and assessed costs against him.

Holdings

1. The respondent's conduct violated Indiana Professional Conduct Rule 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness, and Rule 8.4(d), prohibiting conduct prejudicial to the administration of justice.
2. The respondent violated Indiana Admission and Discipline Rule 23, section 11.1(a)(2), by failing to notify the Disciplinary Commission of his 2001 criminal conviction.
3. The respondent was suspended from the practice of law for not less than six months, effective November 13, 2006, and required to remain suspended until satisfying the court that he met all reinstatement requirements and was fit to resume practice.

Questions Presented

1. Whether the respondent's criminal conduct violated Indiana Professional Conduct Rules 8.4(b) and 8.4(d).
2. Whether the respondent violated Indiana Admission and Discipline Rule 23, section 11.1(a)(2), by failing to notify the Disciplinary Commission of his criminal conviction.
3. What discipline should be imposed for the misconduct.

Disposition

other