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IN RE: Nicholas M. ELLIOTT (2021)

Supreme Court of Indiana.2021-08-05No. Supreme Court Case Nos. 19S-DI-587, 20S-DI-487, 21S-DI-327

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Opinion

Published Order Suspending Respondent from the Practice of Law Due to Disability and Staying Other Proceedings

Pursuant to Indiana Admission and Discipline Rule 23(19), the Disciplinary Commission has filed a “Petition to Determine Disability” in Case No. 21S-DI-327, requesting this Court to suspend Respondent from the practice of law in this state due to disability. Attached as “Exhibit A” to that petition is a “Verified Consent to Agreed Disability Suspension” executed by both parties. Separate proceedings on disciplinary complaints are pending against Respondent in Case Nos. 19S-DI-587 and 20S-DI-487. As part of their agreement, the parties request that those proceedings be stayed until such time as Respondents disability suspension has been removed.

The Court, having considered the submissions of the parties, approves and incorporates by reference the terms set forth in the parties’ agreement. Accordingly, the Court GRANTS the Commissions petition and ORDERS in Case No. 21S-DI-327 that Respondent be suspended from the practice of law in this state due to disability, effective immediately, pursuant to Admission and Discipline Rule 23(19). Respondent may petition for reinstatement upon termination of the disability pursuant to Admission and Discipline Rule 23(18)(b). The Court further ORDERS that Case Nos. 19S-DI-587 and 20S-DI-487 be stayed until such time as Respondents disability suspension has been removed by order of the Court.

All Justices concur.