JLAP violation reinstates Indy attorney’s suspension

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An Indianapolis attorney who violated the terms of her Supreme Court-imposed probation must now serve the full length of her suspended discipline after failing to comply with her Judges and Lawyers Assistance Program monitoring agreement.

Breanne Joy Strubinger is now suspended from the practice of law in Indiana for at least 90 days, without automatic reinstatement. The 90-day suspension was originally part of a 180-day suspension imposed against Strubinger last October, when she agreed to serve only half of her suspension and spend the remaining 90 days on probation.

The court imposed the conditional suspension after Strubinger pleaded guilty in May 2016 to Class A misdemeanor operating a vehicle while intoxicated with endangerment. She also pleaded guilty to Class A misdemeanor resisting law enforcement, but a Level 6 felony OWI charge was dropped. At the time of her plea, she was already on probation for a prior OWI.

Strubinger was placed under interim suspension in February 2017 pending resolution of the disciplinary complaint stemming from her conviction, and the conditional suspension entered the following October allowed her to continue practicing after 90 days pending successful completion of two years of probation and JLAP monitoring.

However, in July 2018, the Indiana Supreme Court Disciplinary Commission moved to revoke Strubinger’s probation due to her noncompliance with her JLAP monitoring agreement, according to a Thursday order in In the Matter of: Breanne Joy Strubinger, Respondent, 49S00-1701-DI-11. The attorney filed no response to the motion.

The Thursday order does not specify which part of the monitoring agreement was violated, but the terms of Strubinger’s probation included:

• Abstaining from the use of alcohol and mind-altering substances;

• Avoiding violating the law or the Rules of Professional Conduct, and;

• Promptly reporting to the commission any violation of the terms of her probation.

Strubinger’s 90-day suspension is effective immediately, and the justices noted she is already under another suspension for failing to pay dues and meet CLE requirements. She can petition for reinstatement at the end of the 90-day period if she proves by clear and convincing evidence that she is remorseful, has been rehabilitated and is fit to practice law.

The costs of the proceeding are assessed against Strubinger. All justices concur.

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