FOR THE RESPONDENT FOR THE INDIANA SUPREME COURT
Frank J. Gray Donald R. Lundberg, Executive Secretary
800 Standard Federal Plaza Robert C. Shook, Staff Attorney
Fort Wayne, IN 46801 115 West Washington Street, Ste. 1060 Indianapolis, IN 46204
SUPREME COURT OF INDIANA
IN THE MATTER OF )
) Case No. 02S00-9904-DI-226
JAMES B. McFADDEN )
May 26, 2000
James B. McFadden was a county deputy prosecuting attorney when he was convicted
of public intoxication. We conclude that his actions warrant a public reprimand.
This attorney disciplinary matter now comes before this Court upon Respondent McFadden and
the Indiana Supreme Court Disciplinary Commissions
Statement of Circumstances and Conditional Agreement for
Discipline tendered in contemplated resolution of this matter.
The parties have stipulated that during relevant times, the respondent was employed as
a deputy prosecuting attorney for Allen County. On May 28, 1998, the
respondent pleaded guilty to and was convicted of public intoxication, a Class B
misdemeanor, in the Whitley Superior Court. Thereafter, he was suspended from the
Allen County Prosecutors Office without pay until the disposition of his case and
then completed a one-year probationary period imposed by his employer as a condition
of continued employment.
The parties agree, and we find, that the respondent violated
Ind.Professional Conduct Rule 8.4(d), which provides that it is professional misconduct for a
lawyer to engage in conduct that is prejudicial to the administration of justice.
When the law is broken by one whose job it is to
enforce the law, the public rightly questions whether the judicial system is worthy
of respect. Matter of Sims, 665 N.E.2d 584 (Ind. 1996).
In mitigation, it is noted in the agreement that the respondent immediately accepted
responsibility for his conduct and successfully completed a court-ordered counseling program.
He has served as a deputy prosecuting attorney for over ten years
and prior to becoming a deputy prosecuting attorney served as an officer in
the United States Marine Corps. He has no prior disciplinary record with
this Court. In light of all of the above considerations, we
conclude that a public reprimand is an appropriate discipline in this case, and,
accordingly, accept the parties tendered agreement.
It is, therefore, ordered that the respondent, James B. McFadden, is hereby reprimanded
and admonished for the misconduct set forth herein.
The Clerk of this Court is directed to provide notice of this order
in accordance with Admis.Disc. R. 23(3)(d) and to provide the clerk of the
United States Court of Appeals for the Seventh Circuit, the clerk of each
of the Federal District Courts in this state, and the clerk of the
United States Bankruptcy Court in this state with the last known address of
respondent as reflected in the records of the Clerk. Costs of this
proceeding are assessed against respondent.