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Monday, March 07, 2016

Ind. Decisions - Supreme Court reinstates attorney by vote of 3-2

In a Nov. 30, 2011 post, the ILB reported on the Supreme Court disciplinary opinion in In re Loiseau, which resulted in a suspension of 90 days, without automatic reinstatement.

Today, March 3, 2016, over 4 years later, the Court has issued a 2-page order in In the Matter of: Richard Loiseau. From the order:

On November 22, 2011, this Court entered an order suspending Petitioner for not less than 90 days without automatic reinstatement, effective December 29, 2011. Petitioner filed a petition for reinstatement on May 6, 2015. Following proceedings before a hearing officer, on January 8, 2016, the Indiana Supreme Court Disciplinary Commission, pursuant to Indiana Admission and Discipline Rule 23(18)(b), filed its recommendation that Petitioner be reinstated to the practice of law in Indiana.
Nine criteria are listed as having to be met before an attorney may be reinstated. The Court order concludes:
This Court, being duly advised, finds that the recommendations of the Commission and its hearing officer should be accepted. The Court therefore GRANTS the petition for reinstatement and REINSTATES Petitioner as a member of the Indiana bar as of the date of this order. Petitioner shall pay any costs owing under Admis. Disc. R. 23(18)(d).

Rush, C.J., and Rucker and Massa, JJ., concur.
Dickson, J., votes to deny reinstatement, believing that Petitioner has failed to prove by clear and convincing evidence requirements (4), (6), and (7) of Admis. Disc. R. 23(4)(b).
David, J., votes to deny reinstatement.

See the opinion for the details of 4, 6 and 7. The Roll of Attorneys indicates that Mr. Loiseau currently resides in Florida.

Posted by Marcia Oddi on March 7, 2016 06:14 PM
Posted to Ind. Sup.Ct. Decisions