concurring and dissenting.
Those serving in the legislative and executive branches of the state government are, like those serving in the judicial branch, bound to construe, to uphold, and to enforce the provisions of the Indiana Constitution to the best of their abilities. I agree with the majority wherein it concludes that the reading given Article 3, § 1 in conjunction with Article 7, § 4, fell short when this Act was brought into being. Because of the substantial nature of the underlying value judgments that the public at large and the profession as well would benefit from this program, however, I would not judge the act void, as the majority does, but for the time being would permit it to stand under the aegis of this Court and turn to the business of determining the basic issue, namely, whether this program is at odds with the primary duty of lawyers to safekeep and promptly remit money belonging to clients. Ind. Professional Conduct Rule 1.15.
In fulfilling the above-cited basic fiduciary responsibility to clients, lawyers are, by necessity, relegated to the use of products made available by banks. This Act, as I see it, encourages banks to offer a new product, namely, interest-bearing attorney trust accounts. I would accept the invitation of the supporters of this Act to provide a basis via expert witnesses for comparing the administration of this new product by depository financial institutions, with the administration of other available accounts presently in use by lawyers to collect, hold, and disburse clients' money, which may, in the view of the supporters, appear to satisfy professional standards.