In re Helms
| Decision Date | 05 August 2022 |
| Docket Number | Supreme Court Case No. 21S-DI-262 |
| Citation | 190 N.E.3d 929 (Mem) |
| Parties | In the MATTER OF: Grant E. HELMS, Respondent |
| Court | Indiana Supreme Court |
On July 19, 2021, this Court entered an order approving the parties’ conditional agreement for discipline and suspending Respondent from the practice of law for a period of 365 days, effective May 20, 2021, with 90 days actively served and the remainder stayed subject to completion of 24 months of probation with monitoring by the Indiana Judges and Lawyers Assistance Program. Respondent's discipline arose from his January 2021 conviction for possession of methamphetamine, and the terms of his probation prohibited "the consumption of any mind-altering substances except as validly prescribed[.]" Our disciplinary order further provided, consistent with the terms of the conditional agreement, that "[i]f 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."
On June 16, 2022, the Commission filed a "Verified Notice of Probation Violation," pursuant to Admission and Discipline Rule 23(16)(c), asserting Respondent tested positive for methamphetamine in March 2022, a result verified by a confirmatory positive test in May 2022. Respondent has filed a response acknowledging his probation violation and requesting to continue his probationary period with additional requirements.
Upon consideration of the materials before us, we conclude that revocation of probation is warranted and that the full balance of Respondent's stayed suspension should be actively served without automatic reinstatement. Accordingly, Respondent's probation is hereby revoked. Respondent shall be suspended from the practice of law for a period of not less than 275 days, without automatic reinstatement, beginning September 15, 2022. 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). At the conclusion of the minimum period of suspension, Respondent may petition this Court for reinstatement to the practice of law in this state, provided Respondent pays the costs of this proceeding, fulfills the duties of a suspended attorney, and satisfies the requirements for reinstatement of Admission...
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