Out To Lunch

The Indiana Supreme Court approved stipulated discipline of an 120 day suspension with all but 30 days stayed (already served) and probation with conditions on these facts

At relevant times, Respondent was a deputy prosecutor in Elkhart County. On June 6, 2023, during work hours, Respondent began drinking alcohol in his car in the employee parking lot before the start of his lunch hour. Respondent left during the lunch hour to drive around, then returned to the parking lot and continued to drink. Staff from the prosecutor’s office discovered Respondent in his car slipping in and out of consciousness and summoned law enforcement. Respondent refused to submit to field sobriety tests, was arrested, and was transported to the hospital for a blood draw. Respondent later was charged with two counts of operating a vehicle while intoxicated (“OWI”) and pled guilty to OWI with a prior conviction, a level 6 felony.

As a result of his conviction of a crime punishable as a felony, Respondent has been under an order of interim suspension since March 15, 2024. Matter of Mattingly, 228 N.E.3d 439 (Ind. 2024).

Sanction

the Court suspends Respondent from the practice of law for a period of 120 days, beginning March 15, 2024, with 30 days actively served and the remainder stayed subject to completion of at least two years of probation with monitoring by the Indiana Judges and Lawyers Assistance Program (“JLAP”).

(Mike Frisch)