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In re Failure to Comply With Continuing Legal Educ. Requirements

Citation: 122 N.E.3d 811Docket: Supreme Court Case No. 19S-MS-00335

Court: Indiana Supreme Court; June 4, 2019; Indiana; State Supreme Court

Narrative Opinion Summary

This judicial opinion addresses the suspension of attorneys in Indiana who have not fulfilled their obligations under the Indiana Admission and Discipline Rules. The case involves several legal professionals who failed to pay the required annual registration fee, file exemption affidavits, and complete the necessary Continuing Legal Education (CLE) requirements. As a consequence, these attorneys, listed in Exhibit A, are suspended from practicing law in Indiana, with the suspension taking effect on June 28, 2019, after a grace period to allow for notification. The court outlines that reinstatement is possible upon compliance with the procedural requirements and payment of any due penalties. Additionally, attorneys who have been granted CLE compliance extensions by the Indiana Office of Admissions and Continuing Education are exempt from immediate suspension. The ruling serves as a firm reminder of the necessity for attorneys to adhere to professional and educational standards to maintain their legal practice privileges. The decision reflects the court's commitment to upholding the integrity of the legal profession by ensuring compliance with financial and educational mandates.

Legal Issues Addressed

CLE Compliance Extensions

Application: Attorneys who requested and were granted extensions for CLE compliance by the IOACE may not appear on the suspension list.

Reasoning: Attorneys who have requested extensions for CLE compliance may not appear on the suspension list if granted by the Indiana Office of Admissions and Continuing Education (IOACE).

Grace Period for Suspension Effectiveness

Application: The suspension order allows a grace period for attorneys to receive notice before it takes effect.

Reasoning: This suspension is effective immediately for reinstatement procedures but will officially take effect at 12:01 a.m. Eastern Daylight Savings Time on June 28, 2019, allowing time for the suspended attorneys to receive notice of the order.

Reinstatement Procedures Following Suspension

Application: Suspended attorneys can be reinstated by complying with relevant procedures and paying applicable penalties.

Reasoning: Reinstatement is possible through compliance with relevant procedures and payment of penalties, as outlined in the applicable rules.

Suspension for Non-Compliance with Registration and CLE Requirements

Application: Attorneys who failed to meet the annual registration fee, exemption affidavit filing, and CLE requirements are suspended from practicing law in Indiana.

Reasoning: Certain attorneys in Indiana have failed to meet the required annual registration fee, exemption affidavit filing, and IOLTA certification as mandated by Indiana Admission and Discipline Rules.