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In re McConnell

Supreme Court of Indiana

June 26, 2014

In the Matter of: Dean E. MCCONNELL, Respondent

OPINION

Brent E. Dickson, Chief Justice.

PUBLISHED ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE

Pursuant to Indiana Admission and Discipline Rule 23(11), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a " Statement of Circumstances and Conditional Agreement for Discipline" stipulating agreed facts and proposed discipline as summarized below:

Stipulated Facts:

On March 17, 2007, Respondent was convicted of operating a motor vehicle while intoxicated (" OWI" ), a class C misdemeanor. He did not report this conviction to the Commission.

On November 21, 2012, Respondent was convicted of OWI with an alcohol concentrate equivalence of .15 or more, a class A misdemeanor. He received a sentence of 365 days, with 245 suspended, 10 served in jail, and the remainder served with home monitoring. He was subject to probation during the suspended portion of his sentence.

Aggravating and mitigating facts. The parties cite the following fact in aggravation: Respondent violated his criminal probation by consuming alcohol on March 17, 2013, which resulted in his guilty plea to public intoxication, a class B misdemeanor on February 6, 2014.

The parties cite the following facts in mitigation: (1) Respondent has no disciplinary history; (2) Respondent was cooperative with the Commission; (3) Respondent voluntarily engaged in and completed alcohol treatment, including a relapse prevention program; and (4) Respondent has already suffered other consequences fro his misconduct, including criminal penalties and fines and termination of his employment and partnership at a law firm.

Violations:

The parties agree that Respondent violated these rules that prohibit the following misconduct:

Ind. Professional Conduct Rule 8.4(b): Committing a criminal act that reflects adversely on the lawyer's trustworthiness or fitness as a lawyer.
Ind. Admission and Discipline Rule 23(11.1)(a)(2): Failure to notify the Commission of a guilty finding, and failure to transmit a certified copy of a guilty finding to the Commission within ten days of the finding.

Discipline:

The Court, having considered the submission of the parties, now approves the ...


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