In Re Haith

742 N.E.2d 940, 2001 Ind. LEXIS 191, 2001 WL 197874
CourtIndiana Supreme Court
DecidedFebruary 28, 2001
Docket49S00-9711-DI-630
StatusPublished
Cited by3 cases

This text of 742 N.E.2d 940 (In Re Haith) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Haith, 742 N.E.2d 940, 2001 Ind. LEXIS 191, 2001 WL 197874 (Ind. 2001).

Opinions

DISCIPLINARY ACTION

PER CURIAM.

Lawyer Aaron E. ’Haith was convicted twice of operating a motor vehicle while intoxicated and convicted once of operating a vehicle with a blood alcohol content of at least .10 percent. Today we find that, by virtue of the acts underlying those convictions, he engaged in criminal acts reflecting adversely on his fitness as a lawyer in violation of the Rules of Professional Conduct for Attorneys at Law.

This attorney disciplinary case is now before us for final resolution upon the duly-appointed hearing officer’s findings of fact and conclusions of law. The respondent, pursuant to IndAdmission and Discipline Rule 23(15), has petitioned this Court for review of the hearing officer’s findings and conclusions. Because of the respondent’s petition, our review of this matter is de novo in nature, and will involve a review of the entire record presented. Matter of Warrum, 724 N.E.2d 1097 (Ind.2000).

We now find that on June 25, 1985, the respondent was convicted of operating a vehicle while intoxicated (OWI) in Marion Municipal Court. The incident leading to that conviction involved a motor vehicle accident that resulted in personal injury. On September 17, 1991, the respondent [941]*941was convicted of operating a vehicle with .10% or more by weight of alcohol in his blood, a class C misdemeanor, in Marion Municipal Court. On September 29, 1995, the respondent was convicted of OWI, a class A misdemeanor, in Marion Municipal Court. Again, the basis for that conviction was a motor vehicle accident resulting in personal injury. After each conviction, the respondent successfully completed his sentencing requirements, including terms of probation, to the extent ordered. The sentence for the 1991 offense included mandatory alcohol counseling. The 1995 sentence included, as terms of probation, alcohol evaluation and treatment, if necessary. To satisfy those terms, the respondent obtained short-term private substance abuse counseling. The counselor observed the respondent on six occasions between January and July 1996, and concluded that the respondent had an alcohol abuse problem and that he met the diagnostic criteria for alcohol dependency.

The respondent re-initiated contact with the counselor in January of 1999. The counselor’s most recent professional opinion is that the respondent and the community will be best served by the respondent’s abstinence from alcohol, continued professional endeavors, and aggressive outpatient therapy coupled with community-based mutual self-help participation. At hearing, the Commission’s expert witness, a medical doctor specializing in addictions, testified that he concurred with the assessment that the respondent is alcohol dependent. The hearing officer found that the respondent is alcohol dependent. The respondent disputes that finding.

The hearing officer concluded that the respondent violated Ind.Professionai Conduct Rule 8.4(b) by committing the criminal acts of operating a vehicle while intoxicated and operating a vehicle with .10 percent or more by weight of alcohol in his blood. According to the hearing officer, these acts reflected adversely on the respondent’s fitness as a lawyer. The hearing officer also concluded that the Commission failed to demonstrate by clear and convincing evidence that the respondent violated Prof.Cond.R. 8.4(d), which provides that it is professional misconduct to engage in conduct that is prejudicial to the administration of justice.

In his petition for review of the hearing officer’s findings, the respondent argues that his convictions of driving while intoxicated or with illegal levels of alcohol in his blood do not reflect adversely on his fitness as a lawyer. His misconduct, he contends, must be distinguished from this Court’s prior decisions finding Prof.Cond.R. 8.4(b) violations for convictions of alcohol-related motor vehicle offenses because the acts at issue in prior cases included attendant misconduct such as failures to abide by courts’ orders of probation, the commission of other acts violative of the Rules of Professional Conduct, or offenses committed by lawyers responsible for enforcement of this state’s laws. To support his argument, the respondent relies on Matter of Oliver, 493 N.E.2d 1237 (Ind.1986) (lawyer who was serving as special prosecutor found to have committed crime involving “moral turpitude” in violation of Code of Professional Responsibility for conviction of OWI), Matter of Martenet, 674 N.E.2d 549 (Ind.1996) (violation of Prof.Cond.R. 8.4(b) for three convictions of OWI, the last occurring while the lawyer’s license was suspended), Matter of Welling, 715 N.E.2d 377 (Ind.1999) (two OWI convictions and conviction of intimidation in violation of Prof.Cond.R. 8.4(b)), and Matter of Coleman, 569 N.E.2d 631 (Ind.1991) (Prof.Cond.R. 8.4(b) violation for three OWI convictions, failure to appear at hearing after release on bond, use of client’s funds without authorization). The respondent contends that his three convictions, standing alone and without some subsequent violation of terms of probation, do not reflect adversely on his fitness as a lawyer.

We disagree. Lawyers are professionally bound to comply with and uphold the [942]*942law. Ind.Admission and Discipline Rule 22. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate an indifference to legal obligation. Comment to Prof.Cond.R. 8.4. A lawyer’s multiple convictions for OWI or similar offenses may indicate a willingness to ignore the law and may damage the public’s perception of the legal profession. Welling, 715 N.E.2d at 378. Such conduct also implicates a lawyer’s fitness as one who can be trusted to keep his client’s secrets, give effective legal advice, and fulfill his obligations to the courts. Martenet, 674 N.E.2d at 550. Thus, a lawyer’s commission of OWI .and similar offenses, even standing alone with no attendant misconduct, have been found to violate Prof.Cond.R. 8.4(b). Matter of Jones, 727 N.E.2d 711 (Ind.2000) (three Oiyi convictions and a fourth conviction withheld on terms of probation). Further, even considered separately, the respondent’s offenses are not minor, given that two of the three involved personal injury. Accordingly, we find that the respondent violated Prof.Cond.R. 8.4(b). We adopt the hearing officer’s finding with respect to the Prof.Cond.R. 8.4(d) charge.

Having found misconduct, we now turn to the issue of proper sanction. Relevant to this determination is the hearing officer’s identification of several aggravating factors. Among these are the respondent’s failure to abstain from the use of alcohol or to acknowledge his alcohol dependency and his failure voluntarily to seek long-term treatment. In mitigation, the hearing officer note(l that the respondent, prior to the present action, has practiced law for 20 years with no prior disciplinary history, that he completed his criminal probation successfully, and that he generally enjoys a good reputation in the legal community.

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Related

In the Matter of Patrick J. Roberts
809 N.E.2d 841 (Indiana Supreme Court, 2004)
In Re Clayton
778 N.E.2d 404 (Indiana Supreme Court, 2002)
In Re Haith
742 N.E.2d 940 (Indiana Supreme Court, 2001)

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Bluebook (online)
742 N.E.2d 940, 2001 Ind. LEXIS 191, 2001 WL 197874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-haith-ind-2001.