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Wednesday, October 27, 2010

Ind. Decisions - Interesting Supreme Court disciplinary ruling

In a disciplinary order issued Oct. 25, 2010, In the Matter of Thomas W. Belleperche, the Court details the requirements for conditional reinstatement, at least in cases where those circumstances involve:

On September 27, 2005, this Court approved an agreed six-month suspension from the practice of law for Petitioner, all stayed, subject to probation of at least 24 months.

The Court revoked his probation for violations of its terms by order dated May 3, 2006, and suspended him for six months without automatic reinstatement effective June 12, 2006.

Petitioner filed a petition for reinstatement on January 6, 2010.

In this order granting conditional reinstatement, the Court details a 9-step requirement that must be fulfilled, with the 9th step being:
The petitioner has taken the Multistate Professional Responsibility Examination (MPRE) within six (6) months before or after the date the petition for reinstatement is filed and passed with a scaled score of eighty (80) or above.
Now that the above has been achieved:
This Court, being duly advised, finds that the recommendation of the Disciplinary Commission should be accepted and that, accordingly, Petitioner should be reinstated as a member of the Indiana bar subject to the following conditions:
(1) The reinstatement shall be subject to successful completion of probation of at least three years on terms to be determined by the Judges and Lawyers Assistance Program ("JLAP") consistent with the hearing officer's recommendations.

(2) Petitioner shall have no violations of the terms set by JLAP, the law, or the Rules of Professional Conduct during his probation.

(3) If Petitioner violates his probation, the Commission may petition the Court to revoke his probation and to re-impose his suspension without automatic reinstatement.

Posted by Marcia Oddi on October 27, 2010 07:42 AM
Posted to Ind. Sup.Ct. Decisions