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A Fishers attorney suspended from practicing law in the 7th Circuit Court of Appeals for one year has been placed on probation by the Indiana Supreme Court.
The court placed Theodore Minch on probation, effective immediately, in an order issued June 28. The probation will continue until Minch is readmitted to practice in the 7th Circuit, at which point he may petition the Supreme Court to terminate probation.
During the term of probation, Minch must remain compliant with the practice conditions imposed by the United States District Court for the Southern District of Indiana. Those conditions were also imposed following his 7th Circuit suspension.
According to the June 28 order, the Indiana Supreme Court Disciplinary Commission filed a notice of foreign discipline, advising that Minch was disciplined by the 7th Circuit Court of Appeals.
Specifically, on Feb. 17, the 7th Circuit found that Minch committed misconduct warranting discipline under Federal Appellate Rule 46 by performing incompetently in several appeals, insufficiently responding to a show cause order and not responding to a second show cause order.
The 7th Circuit suspended Minch from the bar of that court for one year, after which time he may apply for reinstatement.
On April 13, the Indiana Supreme Court issued an order to show cause why reciprocal discipline should not be imposed, to which both parties responded.
In its order imposing reciprocal discipline, the court noted the Indiana Southern District issued an order dissolving an interim suspension and reinstated Minch, subject to three practice conditions that will remain in effect until Minch is reinstated to practice in the 7th Circuit. Those conditions include mentoring by a designated attorney, compliance with recommendations made by the Indiana Judges and Lawyers Assistance Program and participation in a coaching program with Thought Kitchen.
Aside from those conditions, the Indiana Southern District declined to impose reciprocal discipline.
Minch shall have no violations of the Rules of Professional Conduct or any other law during his probation and shall fully comply with all orders issued by the court, the 7th Circuit, the Southern District and any other state or federal court.
Because the court declined to impose a reciprocal suspension, the requirements of Admission and Discipline Rule 23 (20)(g) governing release from reciprocal suspension will not apply.
Chief Justice Loretta Rush signed the order in In the Matter of: Theodore J. Minch, 23S-DI-94.
All justices concurred except for Justice Geoffrey Slaughter, who declined to impose any reciprocal discipline because the commission did not seek it.
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