Speedway attorney suspended due to disability

A Speedway attorney whose law license has been under an emergency suspension since July has been officially suspended from the practice of law due to a disability.

In an order published Wednesday, the Indiana Supreme Court granted a request by the Disciplinary Commission to suspend Brian J. Lutz from the practice of law in Indiana due to a disability, effective immediately. The order comes after a hearing where Lutz “freely and voluntarily” consented to his suspension due to disability.

The commission first filed a petition for emergency suspension on July 26, which the high court granted two days later. Lutz then filed an affidavit of compliance with the duties of a suspended attorney in August and requested additional time to close his attorney trust account.

The justices granted Lutz’s request for a time extension, giving him through Nov. 15 to close his trust account. The order also provides that Lutz can petition for reinstatement “upon termination of the disability pursuant to Admission and Discipline Rule 23(18).”

However, the high court declined to enforce the commission’s suggestion to appoint Lutz’s father as his attorney surrogate. Instead, the court “encourage(d) either party or any interested person (including Respondent’s father) to file if appropriate … a verified petition seeking the appointment of an attorney surrogate.”

The justices declined to assess costs against Lutz.

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