IN RE: Jason M. SMITH (2022)

Published Order Imposing Reciprocal Discipline

The Indiana Supreme Court Disciplinary Commission filed a “Notice of Foreign Suspension and Request for Order to Show Cause,” advising that Respondent was disciplined by the United States Court of Appeals for the Seventh Circuit and requesting, pursuant to Indiana Admission and Discipline Rule 23(20), that reciprocal discipline be imposed in this state. On April 12, 2022, this Court issued an “Order to Show Cause,” to which Respondent has responded.

Respondent was admitted to practice law in the state of Indiana and in the Seventh Circuit. On March 31, 2022, the Seventh Circuit found Respondent committed misconduct warranting discipline under Federal Appellate Rule 46 by performing incompetently and advancing frivolous arguments in two appeals. Noting that Respondent also recently has been sanctioned by a district court and disciplined by this Court, the Seventh Circuit suspended Respondent from the bar of that court for two years, after which time he may apply for reinstatement.

The Court finds that there has been no showing, pursuant to Admission and Discipline Rule 23(20)(e)(1)-(3), of any reason why reciprocal discipline should not be issued in this state. However, the Court does find, pursuant to Rule 23(20)(e)(4), that the misconduct established warrants substantially different discipline in this state.

Being duly advised, the Court orders Respondent suspended from the practice of law in this state for a period of 120 days, effective immediately. Respondent shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). At the conclusion of the period of suspension, provided there are no other Indiana suspensions then in effect, Respondent shall be automatically reinstated to the practice of law in this state, subject to the conditions of Admission and Discipline Rule 23(18)(a).

The costs of this proceeding are assessed against Respondent.

All Justices concur.