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In re Hicks

Supreme Court of Indiana

April 23, 2015

In the Matter of: Mitchell W. HICKS, Respondent

Loretta H. Rush, Chief Justice of Indiana. All Justices concur.

PUBLISHED ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE

Loretta H. Rush, Chief Justice.

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 August 6, 2013, Respondent pled guilty to carrying a handgun without a license, a class A misdemeanor, and his second offense of operating a vehicle while intoxicated (" OWI" ), a class A misdemeanor.

Respondent was previously disciplined in 2003 for unrelated misconduct. See Matter of Hicks, 786 N.E.2d 272 (Ind. 2003).

In mitigation, the parties cite Respondent's cooperation with the Commission and prompt reporting of his convictions, as well as his voluntary completion of residential and outpatient treatment programs.

Violation:

The parties agree that Respondent violated Indiana Professional Conduct Rule 8.4(b), which prohibits committing a criminal act that reflects adversely

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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 180 days, beginning June 4, 2015, with all 180 days actively served, followed by two years of probation with JLAP monitoring. Respondent's suspension shall be served with automatic reinstatement, conditioned upon Respondent's compliance with the terms of his probation; however, if Respondent violates those terms and his probation is revoked, then Respondent will be suspended without automatic reinstatement. The Court incorporates by ...


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