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Two Indianapolis attorneys have been handed suspensions by the Indiana Supreme Court.
On Sept. 1, Justin A. Paicely and Marco A. Genesis Moreno were suspended in separate orders.
In Paicely’s case, the attorney, along with the Indiana Supreme Court Disciplinary Commission, submitted for approval a “Statement of Circumstances and Conditional Agreement for Discipline” recommending a 90-day suspension with 30 days served and the remainder stayed subject to completion of at least one year of probation with monitoring by the Judges and Lawyers Assistance Program. The Supreme Court approved that discipline Sept. 1, the same day the suspension took effect.
The suspension comes after Paicely pleaded guilty to Level 6 felony operating a vehicle while intoxicated with a prior conviction in April. He has a prior misdemeanor OWI conviction, entered in 2015.
According to the order, Paicely has begun working with JLAP and has been under a voluntary monitoring agreement since January.
The parties agreed that Paicely violated Indiana Professional Conduct Rule 8.4(b), which prohibits committing a criminal act that reflects adversely on an attorney’s trustworthiness or fitness as a lawyer.
Paicely was also charged $264.86 payable to the Indiana Supreme Court clerk, who will disburse $14.86 to the commission and $250 to the clerk for court costs.
The case is In the Matter of: Justin A. Paicely, 22S-DI-215.
Paicely has no other disciplinary history.
As for Moreno, he was indefinitely suspended from the practice of law for failing to cooperate with the disciplinary process regarding grievance No. 22-0994.
A June show-cause petition required Moreno to show cause in writing as to why he should not be immediately suspended for failing to cooperate with the Disciplinary Commission, which he failed to do. On July 12, the commission filed a “Request for Ruling and to Tax Costs” asserting that he still had not cooperated, to which Moreno has not responded.
According to the Indiana Roll of Attorneys, Moreno has seven pending disciplinary cases and four concluded actions, including the instant action, 22S-DI-218.
He is already under suspension as ordered in 22S-DI-152, also for noncooperation, and is also suspended for continuing legal education noncompliance.
He has been ordered to fulfill the continuing duties of a suspended attorney under Admission and Discipline Rule 23(26).
To be readmitted to the practice of law in Indiana, Moreno must cure the causes of all suspensions in effect and successfully petition the Supreme Court for reinstatement pursuant to Admission and Discipline Rule 23(18)(b). Additionally, he has been charged $522.39 for the costs of prosecuting the most recent proceeding.
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