Narrative Opinion Summary
David John Hardy is indefinitely suspended from the practice of law in Indiana. This decision follows a prior suspension issued on March 28, 2002, under Ind. Admission and Discipline Rule 23, Section 10(f). On October 3, 2002, the Disciplinary Commission filed a Verified Motion to convert the initial suspension for non-cooperation into an indefinite suspension, as permitted by Admis. Disc. R. 23, Section 10(f)(4). The Court noted that over six months had passed since the original suspension and that the criteria for lifting the suspension outlined in Admis. Disc. R. 23, Section 10(f)(3) were not met. To be reinstated, Hardy must fulfill the requirements specified in Admis. Disc. R. 23, Section 4. The Clerk of the Court is instructed to send notice of this order via certified mail to Hardy, the Disciplinary Commission, and other relevant parties as per Admis. Disc. R. 23, Section 3(d). All Justices agreed with this order.
Legal Issues Addressed
Criteria for Lifting Suspensionsubscribe to see similar legal issues
Application: The criteria outlined for lifting a suspension were not met, resulting in the continuation of the suspension.
Reasoning: The Court noted that over six months had passed since the original suspension and that the criteria for lifting the suspension outlined in Admis. Disc. R. 23, Section 10(f)(3) were not met.
Indefinite Suspension under Admission and Discipline Rule 23subscribe to see similar legal issues
Application: The court converted a prior suspension for non-cooperation into an indefinite suspension, as allowed by the applicable rules.
Reasoning: The Disciplinary Commission filed a Verified Motion to convert the initial suspension for non-cooperation into an indefinite suspension, as permitted by Admis. Disc. R. 23, Section 10(f)(4).
Notification of Suspension Ordersubscribe to see similar legal issues
Application: The Clerk of the Court is required to notify the concerned parties of the suspension order via certified mail.
Reasoning: The Clerk of the Court is instructed to send notice of this order via certified mail to Hardy, the Disciplinary Commission, and other relevant parties as per Admis. Disc. R. 23, Section 3(d).
Reinstatement Requirements under Admission and Discipline Rule 23subscribe to see similar legal issues
Application: The suspended party must meet specific requirements to be reinstated, as specified in the relevant rule.
Reasoning: To be reinstated, Hardy must fulfill the requirements specified in Admis. Disc. R. 23, Section 4.