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Tuesday, January 15, 2013

Ind. Decisions - Disciplinary ruling re possession of marijuana

In the Matter of: Marla E. Muse, a 4-1 ruling, was filed Jan. 11. Some quotes:

Stipulated Facts: On April 10, 2012, Respondent entered a guilty plea to one count of possession of marijuana, a class D felony. The State agreed to alternative misdemeanor sentencing. She was sentenced to 365 days, with four days served and the balance suspended. The parties cite no facts in aggravation. The parties cite the following facts in mitigation: (1) Respondent has no disciplinary history; (2) Respondent was cooperative with the Commission; and (3) Respondent executed a voluntary monitoring agreement with the Indiana Judges and Lawyers Assistance Program ("JLAP") on November 5, 2012.

Violation: The parties agree that Respondent violated Indiana Professional Conduct Rule 8.4(b), which prohibits committing a criminal act that reflects adversely on 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 February 15, 2013, with 30 days actively served and the remainder stayed subject to completion of at least two years of probation. * * *

All Justices concur, except Dickson, C.J., who believes the period of active suspension to be too lenient.

Posted by Marcia Oddi on January 15, 2013 11:36 AM
Posted to Ind. Sup.Ct. Decisions