Opinion
No. 94S00-0304-MS-162
May 21, 2003
ORDER OF SUSPENSION OF CERTAIN INACTIVE ATTORNEYS FOR FAILURE TO PAY ATTORNEY REGISTRATION FEES
The Clerk of the Court has notified this Court that certain inactive attorneys have failed to pay the annual registration fee for inactive attorneys as required by Indiana Admission and Discipline Pule 23, Section 21(b).
Effective with the annual registration fee payment due on or before October 1, 2002, inactive lawyers in Indiana are required to pay an annual disciplinary registration fee of forty-five dollars ($45). Inactive lawyers who pay the annual registration fee are considered to be in inactive good standing. Inactive lawyers who fail to pay the requisite annual registration fee are subject to having their Indiana law licenses administratively suspended. The Court emphasizes that a suspension under these circumstances is not in any sense a disciplinary suspension, but is merely an administrative measure designed to encourage inactive lawyers to pay their annual registration fees. Inactive lawyers at least sixty-five years of age may place their law licenses on inactive retired status and thereby avoid paying any annual registration fee. However, return to active practice by a retired lawyer will carry with it certain financial penalties.
In order to inform inactive lawyers, who previously owed no annual registration fee, of this change, the Clerk of the Supreme Court sent annual registration fee notices to all Indiana lawyers, active and inactive, on August 1, 2002, and included an information sheet explaining the new requirement that non-retired, inactive lawyers pay an annual registration fee. Additionally, an article highlighting this change was published in THE INDIANA LAWYER. Lundberg and Remondini, Court Creates Inactive Fee (Aug. 28-Sept. 10, 2002 at 4).
The list of attorneys who were identified as being inactive as of October 1, 2002 and who have not complied with the obligation to pay the annual registration fee that was due on or before that date is too voluminous to be copied and sent to all the attorneys on the list. Moreover, the Clerk's office has advised the Court that many of the notices sent to attorneys listed as inactive were returned as undeliverable at the address currently on file with the Clerk. Further, it is a regrettable fact that some of the names on the list may identify attorneys who, unknown to our Clerk's office, have died. The Court is therefore simply publishing the list of those inactive attorneys who are being suspended by this order on the internet. If you have received a copy of this order, your name is on the website listing.
The Court finds that the attorneys listed at:
http://webserver.secure.court.state.in.us/suspatt.nsf/ suspatt3frame?OpenFrameset
have not complied with the obligation to pay the annual registration fee that was due on or before October 1, 2002, and should be and therefore are SUSPENDED from the practice of law in the State of Indiana.
Those attorneys who have been suspended from the practice of law may be reinstated as provided by Rule or as otherwise specified and, unless waived, must pay any penalty associated with reinstatement provided by the Rules.
The Disciplinary Commission is directed to liberally grant waivers of applicable penalties to suspended inactive lawyers who can demonstrate that they did not receive annual notice of this rule change and who wish to return their licenses to either active or inactive good standing status. All communications regarding penalty waivers should be directed to:
Donald R. Lundberg Executive Secretary Indiana Supreme Court Disciplinary Commission 1165 National City Center 115 West Washington Street Indianapolis, Indiana 46204.
The Clerk is directed to send copies of this order to all inactive attorneys listed on the website. Further, copies of this order are to be sent to the Indiana Supreme Court Disciplinary Commission; to the Indiana Commission For Continuing Legal Education; to the Supreme Court Administrator; to the Executive Director of State Court Administration; to the Indiana State Bar Association; to the Clerk of the U.S. District Court for the Southern District of Indiana; to the Clerk of the U.S. District Court for the Northern District of Indiana; to all Clerks of the Circuit Courts of this state.
Done at Indianapolis this 21st day of May, 2003.
Randall T. Shepard Chief Justice of Indiana