Rhode Island Rejects Challenge To Disciplinary System

This attorney disciplinary matter came before the Supreme Court pursuant to a recommendation of the Disciplinary Board of the Rhode Island Supreme Court (board) that the respondent, Keven A. McKenna, be suspended from the practice of law for a period of one year.  This recommendation stemmed from McKenna’s misconduct in: engaging in the unauthorized practice of law as a limited liability entity; failing to disclose his income and  misrepresenting his interest in a receivable to the United States Bankruptcy Court for the District of Rhode Island; engaging in conduct that amounted to a lack of candor, dishonesty, and misrepresentation to the bankruptcy trustee; failing to keep and provide records that were subpoenaed by Assistant Disciplinary Counsel; and engaging in conduct during proceedings in the Workers’ Compensation Court and Bankruptcy Court that demonstrated a lack of candor and an attempt to disrupt these tribunals.   

 

A three-member panel of the board conducted eight hearings on this matter and found that McKenna had violated Article V, Rules 1.19, 3.3, 3.5, 7.1, 7.5, and 8.4 of the Supreme Court Rules of Professional Conduct.  The board adopted the findings of the panel and submitted its recommendation to the Supreme Court.  McKenna then filed two motions to dismiss, a motion to stay the proceedings pursuant to G.L. 1956 § 9-33-2, and a motion to recuse the justices of the Supreme Court.  Throughout the proceedings, McKenna challenged the authority of the Supreme Court to regulate attorneys, as well as its and the board’s jurisdiction over matters of attorney discipline, and he alleged that the proceedings before the board and the Supreme Court violated his procedural due process rights.   

 

The Supreme Court denied McKenna’s motions and adopted the recommendation of the board.  The Court held that it had jurisdiction over attorney disciplinary matters and that McKenna’s due process rights had not been compromised by the disciplinary process.  The Supreme Court further held that McKenna had failed to establish any facts warranting recusal, and that § 9-33-2 was inapplicable to attorney disciplinary proceedings.  The Supreme Court agreed with the board’s findings of misconduct and ordered that McKenna be suspended from the practice of law for a period of one year.

 

(Mike Frisch)