IN RE: Lon D. BRYAN (2020)

Published Order Approving Statement of Circumstances and Conditional Agreement for Discipline

Pursuant to Indiana Admission and Discipline Rule 23(12.1)(b), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a “Statement of Circumstances and Conditional Agreement for Discipline” stipulating agreed facts and proposed discipline as summarized below.

Stipulated Facts: Respondent possessed cocaine in his home on a date in September 2017, which police learned through information provided by a confidential informant. During the Commission's investigation of this matter, Respondent did not timely comply with a subpoena duces tecum, which led to the initiation of show cause proceedings. Respondent eventually produced documents that were not in compliance with the Commission's demand.

Respondent has been disciplined twice before. Matter of Bryan, 904 N.E.2d 663 (Ind. 2009); Matter of Bryan, 771 N.E.2d 77 (Ind. 2002).

Violations: The parties agree that Respondent violated Indiana Professional Conduct Rule 8.1(b) by failing to respond to the Commission's demand for information and Professional Conduct Rule 8.4(b) by committing a criminal act that reflects adversely on Respondent's trustworthiness or fitness as a lawyer.

Discipline: The Court, having considered the submission of the parties, now approves the following agreed discipline.

For Respondent's professional misconduct, the Court suspends Respondent from the practice of law for a period of 150 days, beginning April 9, 2020, with 120 days actively served and the remainder stayed subject to completion of at least 18 months of probation with JLAP monitoring. The Court incorporates by reference the terms and conditions of probation set forth in the parties' Conditional Agreement, which include:

(1) Respondent will continue with his present course of treatment and JLAP monitoring during his period of active suspension and during his probation.

(2) Any positive drug screen or other violation of his monitoring agreement during the period of active suspension shall result in the stayed portion of his suspension being actively served without automatic reinstatement; and any positive drug screen or other violation of his monitoring agreement during the probationary period shall result in a revocation of probation and active service of the stayed suspension without automatic reinstatement.

(3) Respondent shall commit no violations of the Rules of Professional Conduct or criminal act during his probation.

Respondent shall not undertake any new legal matters between service of this order and the effective date of the suspension, and Respondent shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). 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. With the acceptance of this agreement, the hearing officer appointed in this case is discharged.

All Justices concur.