In the Matter of Spencer

Indiana Supreme Court

In the Matter of Spencer

894 N.E.2d 540, 2008 Ind. LEXIS 1111, 2008 WL 4510149

CourtIndiana Supreme Court

DecidedMay 27, 2008

Docket02S00-0609-DI-334

StatusPublished

This text of 894 N.E.2d 540 (In the Matter of Spencer) 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 the Matter of Spencer, 894 N.E.2d 540, 2008 Ind. LEXIS 1111, 2008 WL 4510149 (Ind. 2008).

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Opinion

ORDER EXTENDING RESPONDENT’S PROBATION

On March 23, 2007, the Court entered an order approving the parties’ “Statement of Circumstances and Conditional Agreement for Discipline,” which imposed a stayed six-month suspension from the practice of law conditioned on compliance during 12 months of probation with a monitoring agreement between Respondent and the Judges and Lawyers Assistance Program (“JLAP”). On April 8, 2008, the Commission filed a “Verified Motion To Revoke Probation And Agreement To Extend Probation,” pursuant to Admission and Discipline Rule 23(17.2), asserting Respondent violated the conditions of probation by ingesting nitrous oxide during the summer of 2007 in violation of his JLAP monitoring agreement. With the recommendation of JLAP, the parties jointly request that Respondent’s original probation be revoked and that Respondent’s probation be extended for 24 months from March 23, 2008.

Being duly advised, the Court GRANTS the motion, revokes Respondent’s original probation, and extends Respondent’s probation for 24 months from March 23, 2008. The extended probation shall be subject to the same terms and conditions as the original probation. Any further violation of the terms of Respondent’s probation will likely result in active suspension from the prac *541 tice of law without automatic reinstatement.

The Court directs the Clerk to serve a copy of this Order to the parties or their attorneys. The Court further directs the Clerk to forward a copy of this Order to all other entities entitled to notice under Admission and Discipline Rule 23(3)(d).

All Justices concur, except DICKSON and RUCKER, JJ., who vote to deny the motion.

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ORDER EXTENDING RESPONDENT’S PROBATION

On March 23, 2007, the Court entered an order approving the parties’ “Statement of Circumstances and Conditional Agreement for Discipline,” which imposed a stayed six-month suspension from the practice of law conditioned on compliance during 12 months of probation with a monitoring agreement between Respondent and the Judges and Lawyers Assistance Program (“JLAP”). On April 8, 2008, the Commission filed a “Verified Motion To Revoke Probation And Agreement To Extend Probation,” pursuant to Admission and Discipline Rule 23(17.2), asserting Respondent violated the conditions of probation by ingesting nitrous oxide during the summer of 2007 in violation of his JLAP monitoring agreement. With the recommendation of JLAP, the parties jointly request that Respondent’s original probation be revoked and that Respondent’s probation be extended for 24 months from March 23, 2008.

Being duly advised, the Court GRANTS the motion, revokes Respondent’s original probation, and extends Respondent’s probation for 24 months from March 23, 2008. The extended probation shall be subject to the same terms and conditions as the original probation. Any further violation of the terms of Respondent’s probation will likely result in active suspension from the prac *541 tice of law without automatic reinstatement.

The Court directs the Clerk to serve a copy of this Order to the parties or their attorneys. The Court further directs the Clerk to forward a copy of this Order to all other entities entitled to notice under Admission and Discipline Rule 23(3)(d).

All Justices concur, except DICKSON and RUCKER, JJ., who vote to deny the motion.

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Bluebook (online)

894 N.E.2d 540, 2008 Ind. LEXIS 1111, 2008 WL 4510149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-spencer-ind-2008.