IN RE: Justin A. PAICELY (2022)

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: In April 2022, Respondent pled guilty to operating a vehicle while intoxicated (OWI) with a prior conviction, a level 6 felony. Respondent has a prior misdemeanor OWI conviction, entered in 2015. Respondent has engaged the assistance of the Indiana Judges and Lawyers Assistance Program (JLAP) and has been under a voluntary monitoring agreement since January 2022.

Violation: The parties agree that Respondent violated Indiana 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: The Court, having considered the submissions 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 90 days, beginning on the date of this order, with 30 days actively served and the remainder stayed subject to completion of at least one year of probation with JLAP monitoring. Pursuant to the parties’ agreement, in the event Respondent violates his probation, the stayed suspension shall 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).

Having accepted the parties’ conditional agreement and approved the agreed discipline, the Court hereby DENIES as moot the Commission's “Notice of Finding of Guilt and Request for [Interim] Suspension” filed in this case.

The costs of this proceeding are assessed against Respondent. Pursuant to the parties’ stipulation, the Court hereby orders Respondent to pay $264.86 by check made payable and transmitted to the Clerk of the Indiana Supreme Court. Upon receipt, the Clerk is directed to disburse those funds as follows: (1) $14.86, payable to the Commission as reimbursement for investigative expenses incurred; and (2) $250.00, payable to the Clerk for court costs.

All Justices concur.