Thursday, December 7, 2023
The Indiana Supreme Court has imposed a 60-day prospective suspension of an attorney with automatic reinstatement
During a traffic stop for speeding and suspected OWI, Respondent displayed a gold badge. At the jail, Respondent attempted unsuccessfully to prevent jail staff from confiscating his badge. Once confiscated, the badge was identified as a Vanderburgh County Prosecutor’s Office (VCPO) badge. Respondent previously worked at VCPO but was not employed by VCPO at the time of the stop. Respondent’s blood alcohol content was measured at just under 0.08. Respondent eventually pled guilty to impersonation of a public servant (a level 6 felony) and reckless driving (a class C misdemeanor).
Respondent has been under an order of interim suspension since October 12, 2022, as a result of his conviction.
Indiana Lawyer reported
According to the Indiana Supreme Court Disciplinary Commission, McGiffen was charged in Gibson Superior Court with theft, a Class A misdemeanor; operating a vehicle while intoxicated, a Class C misdemeanor; reckless driving, a Class C misdemeanor; speeding, a Class C infraction; unsafe lane movement without a signal, a Class C infraction; and impersonation of a public servant, a Level 6 felony.
McGiffen pleaded guilty to the reckless driving and impersonation charges in exchange for the other charges being dropped.
His sentence of 270 days in the Gibson County Jail was suspended to time served. He was also ordered to serve 270 days of probation plus pay fines, fees and court costs totaling more than $700.
Under his plea agreement, if McGiffen successfully completes his probation, his felony conviction will be reduced to a Class A misdemeanor.
CBS affiliate WANE 15 reported that McGiffen was pulled over in the early morning hours of Jan. 15, after Indiana State Police clocked him traveling 93 mph in a 60 mph zone. McGiffen was reported to have shown an officer a gold badge when he failed field sobriety tests.
Subsequent tests at the Gibson County Jail revealed McGiffen had a BAC of 0.07%.
The case, In the Matter of: Justin B. McGiffen, 22S-DI-303, is his first disciplinary action, according to the Roll of Attorneys.