January 16, 2015
In the Matter of: Lindsay P. SCHNEIDER, Respondent
PUBLISHED ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE
Loretta H. Rush, Chief
Justice of Indiana.
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 January 22, 2014, Respondent pled guilty to operating a vehicle while intoxicated (" OWI" ), a Class A misdemeanor. Respondent has prior OWI convictions, in 1993 and 1998, for which he previously was disciplined. See Matter of Schneider, 765 N.E.2d 589 (Ind. 2002). Respondent cooperated with the Commission, including promptly reporting his conviction, and has been participating successfully in counseling services.
Violation: The parties agree that Respondent violated Indiana Professional Conduct Rule 8.4(b), which prohibits committing a criminal act that reflects adversely on Respondent's trustworthiness or fitness as a lawyer.
Discipline: The Court, having considered the submission of the parties, now approves the following agreed discipline.
For Respondent's professional misconduct, the Court suspends Respondent from the practice of law for a period of six months, beginning February 17, 2015, with thirty (30) days actively served and the balance conditionally stayed subject to completion of at least two years of probation with Judges and Lawyers Assistance Program (" JLAP" ) monitoring. The Court incorporates by reference the terms and conditions of probation set forth in the parties' Conditional Agreement, which include:
(1) Respondent shall enter into a monitoring agreement with JLAP and shall have no violations of the Rules of Professional Conduct during his probation.
(2) Respondent shall totally refrain from the use of alcohol and all mind-altering substances except as prescribed.
(3) Respondent shall immediately report any violation of his probation to the Commission.
(4) If Respondent violates his probation, the balance of the stayed suspension shall be actively served without automatic reinstatement, and Respondent may be reinstated only through the procedures of Admission and Discipline Rule 23(4) and (18).
Respondent shall not undertake any new legal matters between service of this order and the effective date of the suspension, and Respondent shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). Notwithstanding the expiration of the minimum term of probation set forth above, Respondent's probation shall remain in effect until it is terminated pursuant to a petition to terminate probation filed under Admission and Discipline Rule 23(17.1).
The costs of this proceeding are assessed against Respondent.
All Justices concur.