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The Indiana Supreme Court has suspended former Elkhart County deputy prosecutor Benjamin Mattingly as part of a conditional disciplinary order.
Under the disciplinary agreement submitted by the high court’s disciplinary commission, the Supreme Court suspended Mattingly from practicing law for 120 days, beginning on March 15, when he was put on suspension.
Thirty of those days will be counted as actively served, with the remainder stayed subject to completion of at least two years of probation, with monitoring by the Indiana Judges and Lawyers Assistance Program.
Mattingly had been under an order of interim suspension for a June 2023 incident in which he was drinking alcohol in his vehicle during work hours, according to reports.
Before the start of his lunch break on June 6, Mattingly reportedly began drinking before driving around and returning to the parking lot to continue drinking.
Staff from the prosecutor’s office found Mattingly in his vehicle slipping in and out of consciousness.
Mattingly was charged with two counts of operating a vehicle while intoxicated and pleaded guilty to OWI with a prior conviction.
As part of the April 26 order’s probation conditions, Mattingly must report to JLAP within 10 days of the order and give the disciplinary commission a copy of his JLAP monitoring agreement.
He must also refrain from using alcohol and all controlled substances during this time.
Mattingly will be on probation until the period is terminated in a petition to terminate probation filed under Admission and Discipline Rule 23(16).
He must also pay $250 to cover the costs of the proceeding.
Chief Justice Loretta Rush issued the order, with all justices concurring.
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