FOR THE RESPONDENT FOR THE INDIANA SUPREME COURT
235 North Delaware
Indianapolis, IN 46204
Donald R. Lundberg, Executive Secretary
Fredrick L. Rice, Staff Attorney
115 West Washington Street, Ste. 1060
Indianapolis, IN 46204
IN THE MATTER OF )
) CASE NO. 03S00-9806-DI-319
JAMES MICHAEL KUMMERER )
respondent as a result of his criminal conduct. It calls for a suspension from the practice of
law for a period of six months, the first 30 days of which shall be served as an active
suspension from the practice of law, and the balance of the suspension to be stayed
conditionally, with a one year probation period thereafter. After considering the tendered
agreement, we conclude that we should approve it and adopt the agreed terms of probation.
The respondent was admitted to the bar of this state on May 1, 1974, and is thus subject to this Court's disciplinary jurisdiction. The parties now agree that on October 20, 1995, a Marion County Sheriff's deputy received a tip from an individual who reported that
We find that, by possessing cocaine, the respondent violated Prof.Cond.R. 8.4(b), which provides that it is professional misconduct for a lawyer to commit a criminal act which reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects. See footnote 1
falsified tax return for own business to be prepared where no criminal charges were brought);
Matter of Wright, supra (six-month suspension for cocaine possession with portion of
suspension conditionally stayed); Matter of Stults, supra (six month suspension for cocaine
possession and drunk driving).
In light of the mitigating factors, precedent, our desire to foster agreed resolutions of lawyer disciplinary cases, and the agreed conditions attendant to the respondent's suspension, we are persuaded that the proposed disciplinary sanction is appropriate under the circumstances of this case. It is therefore, ordered that the respondent James Michael Kummerer, is hereby suspended from the practice of law for a period of six (6) months, beginning August 30, 1999, the first thirty (30) days of which shall be served as an active suspension with the balance conditionally stayed, to wit: upon completion of the thirty (30) day period of active suspension, the respondent shall be conditionally reinstated to the practice of law in Indiana subject to the successful completion of one (1) year of probation. That one-year period of probation shall require the respondent to abide by the following terms and conditions:
1. The respondent shall not engage in any illegal conduct involving any controlled substance or alcohol.
2. The respondent shall submit to periodic, random drug screen urinalysis testing conducted by a duly qualified provider of such services that is satisfactory to the Commission. Such tests shall be conducted at least five (5) times per month during the term of probation. The respondent shall arrange to have written reports of such testing promptly submitted to the Commission.
3. The respondent consent to the release to the Commission of
any and all records relating to the testing of the respondent for
drugs or alcohol. This consent will be automatically revoked at
the conclusion of the term of probation.
4.The respondent shall immediately report to the Commission, in writing, any failure to comply with any of the terms of probation, and specifically identify the type and circumstances of the failure of compliance.
In the event it is established that the respondent has violated the terms of probation, the stayed portion of the period of suspension shall be imposed to be served by the respondent as an active suspension. Upon serving the stayed portion of the period of suspension following the revocation of probation, the respondent's reinstatement to the practice of law in Indiana shall be on a non-automatic basis. Any period of active suspension imposed as a result of the revocation of the respondent's probation shall be in addition to any other sanction imposed on the respondent for the conduct resulting in the revocation of the probation.
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 United States District Courts in this state, and the clerks of the United States Bankruptcy Courts in this state with the last known address of the respondent as reflected in the records of the clerk.
Costs of this proceeding are assessed against the respondent.
N.E.2d 1151 (Ind. 1995) (lawyer convicted of possession of cocaine found to have violated Prof.Cond.R. 8.4(b)); Matter of Stults, 644 N.E.2d 1239 (Ind. 1994) (same).
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