Seymour attorney disciplined by IN Supreme Court after 7th Circuit suspension

A Seymour attorney suspended by the 7th Circuit Court of Appeals for misconduct has been hit with reciprocal discipline from the Indiana Supreme Court.

In a June 9 order, justices suspended Jason M. Smith from practicing law in Indiana for 120 days after he was suspended by the 7th Circuit for two years for “performing incompetently and advancing frivolous arguments in two appeals,” violating Federal Appellate Rule 46.

Smith, of Smith Law Services in Seymour, was chastised by the 7th Circuit this past spring for his performance in  United States of America v. Richard E. Witkemper and Ellen R. Witkemper, 21-2029. The March opinion noted Smith engaged in similar conduct in Galloway v. Commissioner of Internal Revenue, 2022 WL 400955 (7th Cir. 2022).

After Smith was suspended by the 7th Circuit, the Indiana Supreme Court Disciplinary Commission filed a “Notice of Foreign Suspension and Request for Order to Show Cause” advising Smith it requested, pursuant to Indiana Admission and Discipline Rule 23(20), reciprocal discipline.

“The Court finds that there has been no showing, pursuant to Admission and Discipline Rule 23(20)(e)(1)-(3), of any reason why reciprocal discipline should not be issued in this state,” the discipline order, signed by Indiana Chief Justice Loretta Rush, says. “However, the Court does find, pursuant to Rule 23(20)(e)(4), that the misconduct established warrants substantially different discipline in this state.”

Smith must fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). At the end of his suspension, he will be automatically reinstated to the practice of law in Indiana subject to the conditions of Admission and Discipline Rule 23(18)(a) and provided there are no other suspensions in effect.

According to the Indiana Roll of Attorneys, Smith has been the subject of three disciplinary actions.

In February, he was suspended for 30 days after making false statements against Jackson Superior Court Judge Bruce MacTavish. A third disciplinary action against him was dismissed as moot in May 2021.

The instant case is In the Matter of: Jason M. Smith, 22S-DI-107.

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