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In re Saks

Citations: 42 N.E.3d 518; 2015 Ind. LEXIS 796; 2015 WL 5671835Docket: No. 45S00-1503-DI-137

Court: Indiana Supreme Court; September 18, 2015; Indiana; State Supreme Court

Narrative Opinion Summary

Respondent is suspended from practicing law in Indiana due to noncooperation with a grievance investigation (No. 15-0898). The Court initially ordered Respondent to provide a written response within ten days, which was not received. On August 5, 2015, the Commission confirmed Respondent's continued lack of cooperation. The suspension takes effect immediately and will remain until one of the following occurs: 1) full cooperation with the investigation is certified by the Executive Secretary of the Disciplinary Commission; 2) the investigation or any resulting disciplinary proceedings are resolved; or 3) the Court issues a further order, assuming no other suspensions are active. Respondent is already under suspension for failure to pay dues and comply with continuing legal education requirements. Additionally, Respondent is ordered to reimburse the Disciplinary Commission $538.88 for the costs associated with this proceeding. All Justices concur with this order.

Legal Issues Addressed

Concurrent Suspensions and Reinstatement Criteria

Application: The respondent is already suspended for other reasons, including failure to pay dues and comply with continuing legal education requirements, which impacts the conditions for reinstatement.

Reasoning: Respondent is already under suspension for failure to pay dues and comply with continuing legal education requirements.

Conditions for Lifting Suspension

Application: The suspension will remain until full cooperation with the investigation is certified, the investigation is resolved, or the court issues a further order, provided no other suspensions are in place.

Reasoning: The suspension takes effect immediately and will remain until one of the following occurs: 1) full cooperation with the investigation is certified by the Executive Secretary of the Disciplinary Commission; 2) the investigation or any resulting disciplinary proceedings are resolved; or 3) the Court issues a further order, assuming no other suspensions are active.

Reimbursement of Disciplinary Costs

Application: The respondent is ordered to reimburse the Disciplinary Commission for the costs incurred during the proceeding.

Reasoning: Additionally, Respondent is ordered to reimburse the Disciplinary Commission $538.88 for the costs associated with this proceeding.

Suspension for Noncooperation with Grievance Investigation

Application: The court suspends the respondent from practicing law due to failure to cooperate with a grievance investigation, with reinstatement dependent on specific conditions.

Reasoning: Respondent is suspended from practicing law in Indiana due to noncooperation with a grievance investigation (No. 15-0898).

Unanimous Concurrence by Justices

Application: All justices agreed with the order of suspension and the conditions outlined.

Reasoning: All Justices concur with this order.