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Thursday, October 01, 2009

Ind. Decisions - Disciplinary ruling in Record case

The ILB has had a number of entries on Terry Record, an Indiana attorney, originally from Evansville, charged in a drunken-driving with fatality case, including this one from June 3rd, headed "Ex-lawyer gets 2 years in deadly DUI, may serve 11 months," and this one from June 18th.

Today the Supreme Court has posted a "Published order accepting consent to discipline and imposing discipline," filed September 29th, that provides:

Facts: On May 6, 2007, Respondent drove his vehicle through a red light and collided with another vehicle. The other driver died of injuries he sustained. Respondent pled guilty on April 15, 2009, to operating a motor vehicle while intoxicated causing death, a class C felony. He was sentenced to four years—two executed and two suspended—with four years of probation following the executed sentence. * * *

Violation: Respondent violated Indiana Professional Conduct Rule 8.4(b), which prohibits committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer.

Discipline: For Respondent's professional misconduct, the Court suspends Respondent from the practice of law in this state for a period of at least 24 months, without automatic reinstatement, beginning the date of this order. Respondent shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). At the conclusion of that period, Respondent may petition this Court for reinstatement to the practice of law in this state, provided Respondent pays the costs of this proceeding, fulfills the duties of a suspended attorney, and satisfies the requirements for reinstatement of Admission and Discipline Rule 23(4). If reinstatement is sought, it would likely be granted only with the involvement of and monitoring by the Indiana Judges and Lawyers Assistance Program.

The ILB's Sept. 9th entry on the discipline of Teresa Perry, another young Evansville attorney, charged with meth-related offenses in 2007, is available here.

Posted by Marcia Oddi on October 1, 2009 05:00 PM
Posted to Ind. Sup.Ct. Decisions