FOR THE RESPONDENT FOR THE INDIANA SUPREME COURT
DISCIPLINARY COMMISSION
Frank J. Gray Donald R. Lundberg, Executive Secretary
800 Standard Federal Plaza Robert C. Shook, Staff Attorney
Fort Wayne, IN 46801 115 West Washington Street, Ste. 1060
Indianapolis, IN 46204
______________________________________________________________
IN THE
SUPREME COURT OF INDIANA
IN THE MATTER OF )
) Case No. 02S00-9904-DI-226
JAMES B. McFADDEN )
_____________________________________________________________________
DISCIPLINARY ACTION
____________________________________________________________________
May 26, 2000
Per Curiam
James B. McFadden was a county deputy prosecuting attorney when he was
convicted of public intoxication. We conclude that his actions warrant a
public reprimand.
This attorney disciplinary matter now comes before this Court upon
Respondent McFadden and the Indiana Supreme Court Disciplinary Commission’s
Statement of Circumstances and Conditional Agreement for Discipline
tendered in contemplated resolution of this matter.
The parties have stipulated that during relevant times, the respondent
was employed as a deputy prosecuting attorney for Allen County. On May 28,
1998, the respondent pleaded guilty to and was convicted of public
intoxication, a Class B misdemeanor, in the Whitley Superior Court.
Thereafter, he was suspended from the Allen County Prosecutor’s Office
without pay until the disposition of his case and then completed a one-year
probationary period imposed by his employer as a condition of continued
employment.
The parties agree, and we find, that the respondent violated
Ind.Professional Conduct Rule 8.4(d), which provides that it is
professional misconduct for a lawyer to engage in conduct that is
prejudicial to the administration of justice. When the law is broken by
one whose job it is to enforce the law, the public rightly questions
whether the judicial system is worthy of respect. Matter of Sims, 665
N.E.2d 584 (Ind. 1996).
In mitigation, it is noted in the agreement that the respondent
immediately accepted responsibility for his conduct and successfully
completed a court-ordered counseling program. He has served as a deputy
prosecuting attorney for over ten years and prior to becoming a deputy
prosecuting attorney served as an officer in the United States Marine
Corps. He has no prior disciplinary record with this Court. In light of
all of the above considerations, we conclude that a public reprimand is an
appropriate discipline in this case, and, accordingly, accept the parties’
tendered agreement.
It is, therefore, ordered that the respondent, James B. McFadden, is
hereby reprimanded and admonished for the misconduct set forth herein.
The Clerk of this Court is directed to provide notice of this order in
accordance with Admis.Disc. R. 23(3)(d) and to provide the clerk of the
United States Court of Appeals for the Seventh Circuit, the clerk of each
of the Federal District Courts in this state, and the clerk of the United
States Bankruptcy Court in this state with the last known address of
respondent as reflected in the records of the Clerk. Costs of this
proceeding are assessed against respondent.