The legal career of Indiana attorney Jacob R. Agee was ended by his own criminal conduct. Following his felony conviction in a fatal drunk driving crash, Agee submitted his resignation from the bar, a move that formally acknowledges his inability to defend himself against professional disciplinary charges.

The Criminal Offense and Sentencing

The disciplinary action against Jacob R. Agee (Indiana Supreme Court Case No. 24S-DI-209) stems from a tragic incident in May 2023.

• The Incident: Agee was involved in a collision in Indianapolis where he ran a red light while speeding.
• The Cause: A subsequent blood draw revealed his Blood Alcohol Content (BAC) was 0.18%, which is more than twice the legal limit in Indiana. The crash killed the 32-year-old driver of the other vehicle.
• The Conviction: Agee was found guilty of Operating a Vehicle While Intoxicated Causing Death, a Level 4 felony.
• The Sentence: In May 2024, he was sentenced to seven years in prison, with a portion of the sentence suspended.

The Disciplinary Process: Suspension to Resignation

Because the felony conviction reflected adversely on his honesty, trustworthiness, and fitness as a lawyer (a clear violation of the Rules of Professional Conduct), the Indiana Supreme Court took swift action:

1. Interim Suspension (August 2024)

The Indiana Supreme Court Disciplinary Commission filed a Notice of Finding of Guilt. In August 2024, the Supreme Court ordered an immediate interim suspension, removing Agee from the practice of law pending the final resolution of the disciplinary case. This is standard procedure when an attorney is found guilty of a felony.

2. Acceptance of Resignation (December 2024)

In December 2024, Agee tendered an Affidavit of Resignation from the Bar. Under Indiana Admission and Discipline Rule 23(17), an attorney who resigns while facing misconduct allegations must acknowledge that he “could not successfully defend” against those allegations.

The Supreme Court accepted his resignation, effective immediately. This action concluded the disciplinary proceeding, as the question of his fitness to practice was resolved by his permanent departure.

Permanent Loss of License and Future Burden

Agee’s resignation carries severe and lasting consequences:

• Ineligibility Period: He is automatically ineligible to petition for reinstatement to the bar for a minimum of five years from the date of the order.
• High Hurdle for Reinstatement: Should he seek to practice law again after five years, he would face an extremely high burden of proof, requiring clear and convincing evidence of his remorse, complete rehabilitation, and fitness to practice law.
• No Immunity: The resignation is a professional penalty only. It does not relieve him of any liability for his misconduct under the criminal sentencing or any potential civil lawsuits.

Conclusion: A Breach of Public Trust

The case of Jacob R. Agee represents the most severe form of professional misconduct: the commission of a felony that demonstrates a fundamental lack of judgment and respect for the law. While every legal professional is an advocate for the rule of law, Agee’s actions resulted in the devastating loss of life and his own incarceration, irrevocably demonstrating a profound unfitness to practice. His resignation from the bar, an acknowledgement of his inability to defend the charges, serves as a necessary measure to protect the public and uphold the integrity of the profession. An attorney’s license is a symbol of public trust, and a felony conviction of this nature is correctly viewed as an irreparable breach of that trust, leading to the permanent end of his legal career in the state.