Appellate Decisions
| Jurisdiction | Kansas,United States |
| Citation | Vol. 85 No. 2 Pg. 38 |
| Pages | 38 |
| Publication year | 2016 |
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Supreme Court
Attorney Discipline
ORDER OF REINSTATEMENT IN THE MATTER OF SUSAN L. BOWMAN NO. 109,512 — NOVEMBER 24, 2015
FACTS: On October 18, 2013, Court suspended the petitioner, Susan L. Bowman, from the practice of law in Kansas for a period of 12 months. See In re Bowman, 298 Kan. 231, 310 P. 3d 1054 (2013). The Court further ordered that the petitioner undergo a hearing, pursuant to Supreme Court Rule 219 (2015 Kan. Ct. R. Annot. 403), prior to consideration of a petition for reinstatement. On January 21, 2015, petitioner filed a motion for reinstatement.
HEARING PANEL: On August 13, 2015, a hearing panel of the Kansas Board for Discipline of Attorneys conducted a hearing to consider the petitioner's petition for reinstatement. On August 18, 2015, the hearing panel filed its report setting out the circumstances leading to the petitioner's suspension, a summary of the evidence presented, and its findings and recommendations. The panel unanimously recommended that the petitioner's petition for reinstatement of her license to practice law in Kansas be granted, subject to certain terms and conditions detailed in the report.
HELD: Court accepted the findings and recommendations of the hearing panel and granted the petitioner's petition for reinstatement of her license to practice law in Kansas, subject to compliance with the terms and conditions detailed in the hearing panel's report.
ORIGINAL PROCEEDING IN DISCIPLINE IN THE MATTER OF DEBRA JEAN FICKLER, NO. 114,096 — DECEMBER 23, 2015 INDEFINITE SUSPENSION
FACTS: This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Debra Jean Fickler, of Tonganoxie, an attorney admitted to the practice of law in Kansas in 2009. Fickler's ethical issues revolve around her representation, or lack thereof, of a criminal defendant in both Missouri state and federal court. She also failed to properly renew her law license and her license had been administratively suspended in Kansas.
DISCIPLINARY ADMINISTRATOR: On March 19, 2015, the office of the Disciplinary Administrator filed a formal complaint against the respondent alleging violations of the Kansas Rules of Professional Conduct (KRPC). The respondent did not file an answer, but she appeared at the May 19, 2015, hearing on the complaint before a panel of the Kansas Board for Discipline of Attorneys. The disciplinary administrator recommended that the respondent be suspended from the practice of law and that the suspension be made retroactive to September 18, 2013, the date of her administrative suspension.
HEARING PANEL: The hearing panel determined that respondent violated KRPC 1.3 (2015 Kan. Ct. R. Annot. 461) (diligence); 3.2 (2015 Kan. Ct. R. Annot. 595) (expediting litigation); 8.1(b) (2015 Kan. Ct. R. Annot. 661) (failure to disclose a fact necessary to correct a misapprehension known by respondent); 8.4(d) (2015 Kan. Ct. R. Annot. 672) (engaging in conduct prejudicial to the administration of justice); 8.4(g) (engaging in conduct adversely reflecting on lawyer's fitness to practice law); Kansas Supreme Court Rule 207(b) (2015 Kan. Ct. R. Annot. 328) (failure to cooperate in disciplinary investigation); and Kansas Supreme Court Rule 211(b) (2015 Kan. Ct. R. Annot. 350) (failure to file answer in disciplinary proceeding). The hearing panel unanimously recommended that the respondent be indefinitely suspended.
HELD: Court stated the respondent did not file exceptions to the hearing panel's final hearing reports and the evidence before the hearing panel established by clear and convincing evidence the charged misconduct. Court held that given that all concerned parties have joined in the recommendation for a retroactively applied indefinite suspension, the Court accepted that recommended sanction.
ORIGINAL PROCEEDING IN DISCIPLINE IN THE MATTER OF TIMOTHY CLARK MEYER NO. 114,097 — DECEMBER 18, 2015 INDEFINITE SUSPENSION
FACTS: This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Timothy Clark Meyer, of Eau Claire, Wisconsin, an attorney admitted to the practice of law in Kansas in 1992. Meyer's ethical problems are a result of repeated convictions for driving under the influence of alcohol.
DISCIPLINARY ADMINISTRATOR: On December 19, 2014, the office of the Disciplinary Administrator filed a formal complaint against the respondent alleging violations of the Kansas Rules of Professional Conduct (KRPC). The respondent filed an answer on February 9, 2015. The disciplinary administrator initially argued that the respondent's license should be indefinitely suspended. However, based upon the respondent's pattern of misconduct and the respondent's failure to appear at the hearing, the disciplinary administrator recommended that the respondent be disbarred.
HEARING PANEL: A hearing was held on the complaint before a panel of the Kansas Board for Discipline of Attorneys on March 24, 2015, where the respondent did not appear. The hearing panel determined that respondent violated KRPC 8.4(b) (2015 Kan. Ct. R. Annot. 672) (commission of a criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer); 8.4(d) (engaging in conduct prejudicial to the administration of justice); and 8.4(g) (engaging in conduct adversely reflecting on lawyer's fitness to practice law). The hearing panel unanimously recommended that the respondent's license to practice law be indefinitely suspended.
HELD: Court stated that respondent self-reported his May 2012 DUI conviction to the Disciplinary Administrator. Court acknowledged that respondent filed an answer to the resultant complaint in which he acknowledged his transgressions and explained their bases. Court also acknowledged he later notified the office of the Disciplinary Administrator that he had received notice of the hearing before this Court, that he would not attend the hearing, and that he would accept the panel's recommendation of indefinite suspension. In short, respondent has made some effort to participate in the process. Court contrasted the respondent with In re O'Leary, ___ Kan. ___, ___ P.3d___ (2015), filed the same day. Court held that respondent should be indefinitely suspended.
ORDER OF DISBARMENT IN THE MATTER OF CHRISTOPHER W O'BRIEN NO. 8,804 — NOVEMBER 24, 2015
FACTS: In a letter signed November 10, 2015, respondent Christopher W. O'Brien, an attorney admitted to practice law in Kansas, voluntarily surrendered his license to practice law in Kansas, pursuant to Supreme Court Rule 217. At the time the respondent surrendered his license, a complaint had been docketed by the office of the Disciplinary Administrator for investigation. The complaint alleged that the respondent violated Kansas Rules of Professional Conduct 1.15 (2015 Kan. Ct. R. Annot. 556) (safekeeping property) and 8.4(b) and (c) (2015 Kan. Ct. R. Annot. 672) (misconduct). The allegations involved conversion of client funds.
HELD: Court examined the files of the office of the Disciplinary Administrator and found that the surrender of the respondent's license should be accepted and that the respondent should be disbarred.
ORIGINAL PROCEEDING IN DISCIPLINE IN THE MATTER OF JOHN ANDREW O'LEARY NO. 114,076 — DECEMBER 18, 2015 DISBARMENT
FACTS: This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, John Andrew O'Leary, of Luray, an attorney admitted to the practice of law in Kansas in 1991. Respondent's ethical problems are a result of drug convictions and alcohol addiction.
DISCIPLINARY ADMINISTRATOR: On January 16, 2015, the office of the Disciplinary Administrator filed a formal complaint against the respondent alleging violations of the Kansas Rules of Professional Conduct (KRPC). The respondent did not file an answer. The Disciplinary Administrator recommended the respondent be disbarred.
HEARING PANEL: A hearing was held on the complaint before a panel of the Kansas Board for Discipline of Attorneys on April 7, 2015, where the respondent did not appear. The hearing panel determined that respondent violated KRPC 5.5(a) (2014 Kan. Ct. R. Annot. 650) (unauthorized practice of law); 8.4(g) (2014 Kan. Ct. R. Annot. 680) (engaging in conduct adversely reflecting on lawyer's fitness to practice law); and Kansas Supreme Court Rule 211(b) (2014 Kan. Ct. R. Annot. 363) (failure to file answer in disciplinary proceeding). Hearing Panel recommended that because the respondent has not previously been disciplined, indefinite suspension was warranted.
HELD: Court focused its decision on the lack of participation in the disciplinary process. Court stated that a respondent's failure to appear before this court after having been given notice may warrant a sanction greater than that recommended by the Disciplinary Administrator or panel, even up to disbarment. Court held the lack-of-appearance aggravator seems particularly apt in this case because it reflects a disturbing pattern—respondent's contempt for orders of this Court and for the disciplinary process. A majority of the Court agreed with the office of Disciplinary Administrator and held that disbarment was the appropriate sanction. A minority of the Court would follow the hearing panel's...
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