The Indiana Supreme Court has suspended a Zionsville lawyer following his conviction of felony operating a vehicle while intoxicated, his second OWI conviction.
In April, pursuant to a guilty plea, James J. Hutton was convicted of Level 6 felony OWI. Hutton had a prior misdemeanor conviction of OWI but wasn’t disciplined and had taken several steps to address underlying factors contributing to the misconduct, including entering a voluntary monitoring agreement with the Judges and Lawyers Assistance Program.
Online court records indicate Hutton was sentenced to one year of probation in April.
In a conditional agreement for discipline handed down Wednesday, the parties agreed Hutton violated Indiana Professional Conduct Rule 8.4(b).
The court suspended Hutton from practicing law for 90 days, beginning Nov. 3, with 30 days actively served and the remainder stayed subject to the completion of at least two years of probation with JLAP monitoring.
Terms of the probation set forth in the conditional agreement include:
- Refraining from alcohol and all mind-altering substances except as prescribed.
- Completing 12 weeks of anger management counseling.
- Hutton shall have no violations of the Rules of Professional Conduct during his probation.
- Any violation of the terms of Hutton’s probation shall promptly be reported in writing to the Indiana Supreme Court Disciplinary Commission, and, if relevant to the violation, the report shall include the results of any drug or alcohol test.
- If Hutton violates the terms of his probation, the stay of his suspension may be vacated and the balance of the stayed suspension may be actively served without automatic reinstatement.
Hutton will not undertake any new legal matters between service of Wednesday’s order and his suspension and shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26).
Hutton was admitted to the Indiana bar in 1996 and, according to the Indiana Roll of Attorneys, has at least one other pending discipline case.
The case is In the Matter of: James J. Hutton, 21S-DI-341.