IN RE: Andrew NAMENYE (2025)

Published Order Finding Misconduct and Imposing Discipline

Upon review of the report of the hearing officer, the Honorable Tracy N. Betz, who was appointed by this Court to hear evidence on the Indiana Supreme Court Disciplinary Commission's “Disciplinary Complaint,” and Respondent's “Motion to Adopt Hearing Officer's Recommendation,” the Court finds that Respondent engaged in professional misconduct and imposes discipline on Respondent.

Facts: Based on an incident in December 2022, Respondent pled guilty to operating a vehicle while intoxicated (OWI) with endangerment, a Class A misdemeanor. Respondent has two prior misdemeanor OWI convictions, the first entered in 2000 (prior to Respondent's bar admission) and the second entered in January 2021. Respondent engaged the assistance of the Indiana Judges and Lawyers Assistance Program (JLAP) within days of his 2022 arrest, entered into a voluntary monitoring agreement with JLAP, and has voluntarily executed waivers allowing both the Commission and his employer to review his progress with JLAP. Respondent has been completely sober since his arrest.

Violation: The Court finds that Respondent violated Professional Conduct Rule 8.4(b), which prohibits committing a criminal act that reflects adversely on Respondent's trustworthiness or fitness as a lawyer.

Discipline: For Respondent's professional misconduct, the Court suspends Respondent from the practice of law for a period of 90 days, beginning on the date of this order, all stayed subject to completion of at least three years of probation on the following terms and conditions:

(1) Respondent shall remain under a long-term JLAP monitoring agreement for the duration of his probation.

(2) Respondent shall sign or update any and all authorizations necessary for JLAP to implement the monitoring agreement, including an authorization for the Commission to obtain information from JLAP, and return a copy of that authorization to the Commission within 15 days of this order.

(3) Respondent also shall sign or update any and all authorizations necessary for JLAP to communicate with Respondent's employer regarding Respondent's recovery progress.

(4) JLAP shall submit quarterly progress reports to the Commission.

(5) Respondent shall refrain from consuming alcohol and all controlled substances except as validly prescribed.

(6) Respondent shall have no violations of the law or of the Rules of Professional Conduct during his probation.

(7) If Respondent violates the terms of his probation, the stay of his suspension may be vacated and the balance of the stayed suspension may be actively served without automatic reinstatement.

Notwithstanding the expiration of the minimum term of probation set forth above, Respondent's probation shall remain in effect until it is terminated pursuant to a petition to terminate probation filed under Admission and Discipline Rule 23(16).

The costs of this proceeding are assessed against Respondent, and the hearing officer appointed in this case is discharged with the Court's appreciation.

All Justices concur.