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In re Non-Payment of Attorney Registration Fees

Citations: 492 N.E.2d 1053; 1986 Ind. LEXIS 1292Docket: No. 93S00-8603-MS-300

Court: Indiana Supreme Court; May 14, 1986; Indiana; State Supreme Court

Narrative Opinion Summary

The case involves the Disciplinary Commission of the Supreme Court petitioning for the immediate suspension of several attorneys who have failed to comply with the mandatory annual registration fee payment under Admission and Discipline Rule 28, Section 21. The Court identified a list of attorneys who have not submitted the required fees or affidavits, thus violating Admission and Discipline Rule 23, Section 21. Consequently, these attorneys are to be suspended from practicing law due to non-compliance, categorized as unauthorized practice of law under Rule 28, Section 21(d). The suspension is effective immediately, but attorneys may seek reinstatement by fulfilling the fee requirements and submitting a proper application. The Court has ordered the Clerk to disseminate this suspension order to all Circuit Court Clerks, judges, and the Indiana Bar Association for publication, ensuring widespread notification within the legal profession. All Justices concur with the suspension order, underscoring the judiciary's commitment to enforcing compliance with professional standards.

Legal Issues Addressed

Compliance with Admission and Discipline Rules

Application: Attorneys listed are non-compliant with Admission and Discipline Rule 23, Section 21 due to failure to file necessary fees or affidavits, resulting in suspension.

Reasoning: The Court has determined that the following attorneys are non-compliant with Admission and Discipline Rule 23, Section 21 due to their failure to file the required fees or affidavits.

Immediate Suspension of Attorneys for Non-Payment of Fees

Application: The Supreme Court has determined that attorneys who fail to pay their annual registration fees are subject to immediate suspension.

Reasoning: The Disciplinary Commission of the Supreme Court has submitted a petition for the immediate suspension of attorneys who have not paid their annual registration fees, as mandated by Admission and Discipline Rule 28, Section 21.

Notification and Publication of Suspension Order

Application: The Clerk is ordered to distribute the suspension order to relevant authorities and associations, ensuring broad notification within the legal community.

Reasoning: The court mandates the Clerk to distribute this order to all Circuit Court Clerks, ensuring it is shared with judges and posted for the legal community's review.

Reinstatement of Legal Practice Privileges

Application: Suspended attorneys may have their privileges reinstated upon written application and payment of all outstanding and delinquent fees.

Reasoning: Their privilege to practice can be reinstated upon submission of a written application, payment of outstanding registration fees, and any delinquent fees, unless stated otherwise.