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In re Salter

Citations: 701 N.E.2d 576; 1998 Ind. LEXIS 545; 1998 WL 775432Docket: No. 98S00-9805-DI-310

Court: Indiana Supreme Court; October 27, 1998; Indiana; State Supreme Court

Narrative Opinion Summary

Donald Travis Salter, an attorney disbarred by the Supreme Court of Georgia on May 4, 1998, is subject to identical reciprocal discipline in Indiana. Following the disbarment, the Indiana Supreme Court Disciplinary Commission filed a Verified Notice of Foreign Discipline and a Petition for Issuance of Order to Show Cause, which the court addressed with an Order to Show Cause on June 12, 1998. Neither the Commission nor Salter responded to this order. Consequently, the Indiana Supreme Court has determined that reciprocal disbarment is warranted and has ordered Salter’s disbarment in Indiana. The Clerk of the Court is instructed to remove Salter's name from the Roll of Attorneys and to send certified copies of the Order to Salter, his attorney, the Indiana Supreme Court Disciplinary Commission, and other relevant entities as required by the applicable rules. All Justices concur with this decision.

Legal Issues Addressed

Enforcement of Disbarment and Administrative Procedures

Application: The court ordered administrative actions to enforce the disbarment, including removal of the attorney's name from the Roll of Attorneys and notification to relevant parties.

Reasoning: The Clerk of the Court is instructed to remove Salter's name from the Roll of Attorneys and to send certified copies of the Order to Salter, his attorney, the Indiana Supreme Court Disciplinary Commission, and other relevant entities as required by the applicable rules.

Failure to Respond to Court Orders in Disciplinary Proceedings

Application: The lack of response from both the Disciplinary Commission and the attorney to the Order to Show Cause resulted in the court proceeding with disbarment.

Reasoning: Neither the Commission nor Salter responded to this order.

Procedure for Reciprocal Discipline

Application: The Indiana Supreme Court followed the procedural requirements by issuing an Order to Show Cause after receiving a Verified Notice of Foreign Discipline.

Reasoning: Following the disbarment, the Indiana Supreme Court Disciplinary Commission filed a Verified Notice of Foreign Discipline and a Petition for Issuance of Order to Show Cause, which the court addressed with an Order to Show Cause on June 12, 1998.

Reciprocal Discipline for Attorney Misconduct

Application: The Indiana Supreme Court applies reciprocal discipline based on the disbarment of an attorney in another state, specifically Georgia in this case.

Reasoning: Donald Travis Salter, an attorney disbarred by the Supreme Court of Georgia on May 4, 1998, is subject to identical reciprocal discipline in Indiana.