Ind. Admission & Discipline Rule 2

Effective July 1, 2023

(a) Name and Address.

All attorneys in active or inactive good standing, duly admitted to the practice of law in the

State of Indiana shall file with the Executive Director of the Indiana Office of Admissions and

Continuing Education, their correct name, office and residence address, office telephone

number, electronic mail address, and county of residence; provided, however, such residence

addresses and electronic mail addresses shall be confidential and excluded from public

access. Said attorneys shall notify the Executive Director of the Indiana Office of Admissions

and Continuing Education of any change of address (including electronic mail address),

change of telephone number, or change of name within thirty (30) days of such change. A

notice of a change of name shall be accompanied by a copy of the court record or an affidavit

that states the name change. The names and addresses so filed shall be effective for all

notices involving licenses as attorneys and/or disciplinary matters, and a failure to file same

shall be a waiver of notice involving licenses as attorneys and/or disciplinary matters. The

Executive Director of the Indiana Office of Admissions and Continuing Education shall annu-

ally send a certified list of attorneys, together with their non-confidential addresses on file to

the Indiana State Bar Association.

(b) Annual Registration Fee—Active Attorneys.

Except as provided in sections (c) or (d), each attorney who is a member of the bar of this

Court on August 1 of each year shall, so long as the attorney is a member of the Bar of this

Court, pay a registration fee of one hundred eighty dollars ($180.00) on or before October 1

of such year. A delinquent fee in the amount of one hundred thirty dollars ($130.00) shall be

added to the registration fee for fees paid after October 1 and on or before October 15 of

each year; a delinquent fee in the amount of one hundred eighty dollars ($180.00) shall be

added to the registration fee for fees paid after October 15 and on or before December 31 of

each year; and a delinquent fee in the amount of three hundred thirty dollars ($330.00) shall

be added to the registration fee for fees paid after December 31 of each year. An attorney

who has paid the registration fee under this subsection and any applicable delinquent fees

and who is otherwise eligible to practice law in this state shall be considered to be in active

good standing.

Any attorney admitted to practice law in this State on a date subsequent to August 1 of each

year shall, within ten (10) days of the date of his or her admission to the Bar of the Court, or

by October 1 of said year, whichever date is later, pay a registration fee of one hundred

eighty dollars ($180.00).

(c) Annual Registration Fee—Inactive Attorneys.

One-half (1/2) of the registration fee referred to in section (b) shall be required of an attorney

who files with the Executive Director of the Indiana Office of Admissions and Continuing Education, on or before October 1 of each year, an affidavit of inactivity, stating that he or she is

currently in active good standing or wishes to retain inactive standing, and that he or she

neither holds judicial office nor is engaged in the practice of law in this state, except for practice permitted under Rule 6.2 Section 2(c). A delinquent fee in the amount of fifty dollars

($50.00) shall be added to the registration fee for fees paid after October 1 and on or before

October 15 of each year; and a delinquent fee in the amount of one hundred dollars

($100.00) shall be added to the registration fee for fees paid after October 15 of each year. An

attorney who has paid the registration fee under this section and any applicable delinquent

fees shall be considered to be in inactive good standing. An inactive attorney shall promptly

notify the Executive Director of the Indiana Office of Admissions and Continuing Education of

a desire to return to active status, and pay the applicable registration fee for the current year,

prior to any act of practicing law.

(d) Annual Registration Fee—Retired Attorneys.

No registration fee shall be required of an attorney who files with the Executive Director of

the Indiana Office of Admissions and Continuing Education, by October 1 of any year, an affidavit of retirement, stating that he or she is currently in active or inactive good standing,

neither holds judicial office nor is engaged in the practice of law in this state, and does not

plan to return to the practice of law, except for practice permitted under Rule 6.2 Section 2(c).

An affidavit of retirement, once filed, shall be effective for each succeeding year or until the

attorney is reinstated pursuant to section (e).

(e) Reinstatement of Retired Attorneys.

In the event there is no basis for the suspension of the attorney’s license to practice law, a

retired attorney’s privilege to practice law shall be reinstated upon submitting to the

Executive Director of the Indiana Office of Admissions and Continuing Education a written

application for reinstatement and payment of:

(1) the unpaid registration fee for the year of reinstatement;

(2) registration fees, including delinquent fees, in the amount referred to in section (b) for

each year of retirement; and

(3) an administrative reinstatement fee of two hundred dollars ($200.00).

The Executive Director of the Indiana Office of Admissions and Continuing Education shall

deposit the administrative reinstatement fee referred to in subsection (e)(3) into the “Attorney Services-Annual Fees” account, described in section (m).

(f) IOLTA Certification.

On or before October 1 of each year, every attorney admitted to practice law in this state

shall certify to the Executive Director of the Indiana Office of Admissions and Continuing Education of this Court that all client funds that are nominal in amount or to be held for a short

period of time by the attorney so that they could not earn income for the client in excess of

the costs incurred to secure such income are held in an IOLTA account (as that term is

defined in Indiana Rules of Professional Conduct, Rule 1.15(f)) of the attorney or law firm or

that the attorney is exempt under the provisions of Prof. Cond. R. 1.15(g)(2). Any attorney

who fails to make an IOLTA certification on or before October 1 of each year shall be

assessed a delinquent fee according to the schedule set forth in section (b) if the attorney is

active or section (c) if the attorney is inactive.

(g) Annual Registration Notice.

On or before August 1 of each year, the Executive Director of the Indiana Office of Admissions and Continuing Education of this Court shall mail a notice to or notify via electronic mail

each attorney then admitted to the bar of this Court who is in active or inactive good standing

that: (i) a registration fee must be paid on or before October 1; and (ii) the certification

required by section (f) of this rule and by Ind. Prof. Cond. R. 1.15(g) must be filed with the

Executive Director of the Indiana Office of Admissions and Continuing Education on or before

October 1. The Executive Director of the Indiana Office of Admissions and Continuing Education shall also send such notice to the Clerk for each circuit and superior court in this State

for posting in a prominent place in the courthouse, the Indiana State Bar Association, and

such print and other media publishers of legal information as the Executive Director of the

Indiana Office of Admissions and Continuing Education reasonably determines appropriate.

Provided, however, that the failure of the Executive Director of the Indiana Office of Admissions and Continuing Education to send such notice will not mitigate the duty to pay the

required fee and file the required certification.

(h) Failure to Pay Registration Fee; Reinstatement.

Any attorney who fails to pay a registration fee required under section (b) or (c) or fails to file

the certification required by section (f) of this rule and by Ind.Prof. Cond. R. 1.15(g) shall be

subject to suspension from the practice of law and sanctions for contempt of this Court in the

event he or she thereafter engages in the practice of law in this State. In the event there is no

basis for the continued suspension of the attorney's license to practice law, such an attorney's privilege to practice law shall be reinstated upon submitting to the Executive Director of

the Indiana Office of Admissions and Continuing Education a written application for reinstatement and payment of:

(1) the applicable unpaid registration fee for the year of suspension;

(2) any delinquent fees for the year of suspension due pursuant to section (b) or (c);

(3) the applicable unpaid registration fee for the year of reinstatement, if different from

the year of suspension;

(4) a registration fee, including delinquent fees, in the amount referred to in section (c) for

all intervening years of suspension;

(5) an administrative reinstatement fee of two hundred dollars ($200.00); and

(6) the certification required by section (f) of this rule.

The Executive Director of the Indiana Office of Admissions and Continuing Education shall

deposit the administrative reinstatement fee referred to in subsection (h)(5) in to the “Attorney Services-Annual Fees” account, described in section (m).

(i) Certification of Good Standing.

The Executive Director of the Indiana Office of Admissions and Continuing Education shall

issue a certificate of active good standing or inactive good standing approved by this Court to

any attorney upon the receipt of the annual registration fee and any applicable delinquent

fees referred to in sections (b) and (c), respectively. The certificate of active good standing

shall include a statement to the effect that the lawyer has filed the certification required by

section (f) of this rule.

(j) Annual Continuing Education Fee—Non-attorney Judges.

(1) On or before August 1, of each year, the Executive Director of the Indiana Office of Admissions and Continuing Education shall mail or electronically mail to each non-attorney judge a

notice that an education fee of forty-five dollars ($45.00) must be paid on or before the first

day of October. Failure to pay the education fee on or before October 1, will result in the

imposition of a delinquency fee of forty-five dollars ($45.00).

(2) Any non-attorney judge who fails to pay the education fee shall be subject to suspension

from judicial office. A non-attorney judge may resume office upon written application, payment of unpaid education fees and payment of the delinquency fee set out in subsection (1).

(k) Effective Dates.

(1) The requirement in section (c) that inactive attorneys pay an annual registration fee shall

apply to all inactive attorneys and shall be effective for the annual fee due on or before October 1, 2002. Notwithstanding any other provision in this rule, any inactive attorney who filed

an affidavit of inactivity on or before October 1, 2001 and who, after suspension for nonpayment of the annual registration fee referred to in section (c), thereafter seeks reinstatement to active or inactive attorney status pursuant to section (h), shall not be required

to pay unpaid registration or delinquent fees pursuant to (h)(4) for any year prior to October

1, 2002.

(2) Notwithstanding any other provision in this rule, any attorney who, after suspension for

nonpayment of the annual registration fee referred to in section (b), thereafter seeks reinstatement to active or inactive attorney status pursuant to section (h), shall not be required

to pay unpaid registration or delinquent fees pursuant to section (h)(4) for any year prior to

October 1, 2002.

(3) Notwithstanding any other provision in this rule, any retired attorney who seeks reinstatement to active attorney status pursuant to section (e) shall not be required to pay

unpaid registration or delinquent fees pursuant to (e)(2) for any year prior to October 1, 2002.

(l) Affidavit of Permanent Withdrawal.

An attorney in good standing, who is current in payment of all applicable registration fees

and other financial obligations imposed by these rules, and who is not the subject of an

investigation into, or a pending proceeding involving, allegations of misconduct, who desires

to relinquish permanently his or her license to practice law in the State of Indiana may do so

by tendering an Affidavit of Permanent Withdrawal from the practice of law in this State to

the Executive Secretary of the Indiana Supreme Court Disciplinary Commission. The Executive Secretary shall promptly verify the eligibility of the attorney to resign under this section,

and if eligible, forward a certification of eligibility, together with the Affidavit of Permanent

Withdrawal to the Executive Director of the Indiana Office of Admissions and Continuing Education, and the Executive Director shall show on the roll of attorneys that the attorney's Indiana law license has been relinquished permanently and that the lawyer is no longer

considered an attorney licensed to practice law in the State of Indiana. An attorney who permanently withdraws under this section shall not be eligible for reinstatement under section

(e) or (h), but may apply for admission under Admission and Discipline Rules 3 through 21. In

the event the attorney is not eligible to permanently withdraw under this section, the Executive Secretary shall promptly notify the attorney of all reasons for ineligibility.

(m) Deposit and Use of Funds.

(1) Deposit of Funds. All funds collected under this rule are deposited in an account to be

maintained by the Office of Judicial Administration and designated “Attorney Services-Annual

Fees.”

(2) Use of Funds. Funds from this account may be used for the operation of the Office of Judicial and Attorney Regulation, the Office of Admissions and Continuing Education, the Judges

and Lawyers Assistance Program, and such efforts to benefit and improve the practice of law,

the legal profession, or the delivery of legal services as the Court may approve.