“One Of The Best Criminal Defense Attorneys Around”
The Kansas Supreme Court has imposed an indefinite suspension of an attorney who engaged in a series of criminal acts
On January 8, 2014, the respondent entered into a plea agreement with the Shawnee County District Attorney’s office. The respondent entered no contest pleas to driving under the influence, possession of marijuana, possession of drug paraphernalia, and transporting an open container of alcohol. In exchange for the respondent’s pleas, the Shawnee County District Attorney’s office dismissed the stalking charge, the battery charge, and intimidation of a witness charge, and the two traffic infractions. Based on the respondent’s pleas, the court found the respondent guilty of driving under the influence, possession of marijuana, possession of drug paraphernalia, and transporting an open container of alcohol.
He was sentenced to 48 hours and probation, The probation included drug testing
On August 14, 2014, the respondent submitted to a urinalysis. Some time prior to the drug test, the respondent had used marijuana, methamphetamine, and cocaine. As a result, the respondent’s urinalysis showed the presence of marijuana, methamphetamine, and cocaine in the respondent’s system.
From the panel report
The respondent has suffered from ‘lifelong bouts of depression that precipitate the cycle of using alcohol.’ The respondent’s psychiatrist, Dr. Marian Mack of the Veteran’s Administration Hospital, specifically diagnosed the respondent with suffering from recurrent major depressive disorder, insomnia, and alcohol dependence. According to Dr. Mack, the respondent is in early remission from his alcohol dependence. Currently, the respondent is participating in a 16 week cognitive behavioral therapy depression group. According to the respondent, the cognitive behavior therapy is the treatment that he needs to properly address his problems. Finally, according to the respondent’s psychiatrist, the respondent’s prognosis is excellent. Additionally, the respondent has had marital difficulties for many years. On August 5, 2013, the respondent filed for divorce from his wife of 40 years. The caseremains pending before the Douglas County District Court. The respondent also testified that on September 24, 2013, his oldest son, Chaz, age 32, died unexpectedly. It is clear that the respondent’s personal problems contributed to his misconduct.
The court considered his prior discipline
We hold that, given respondent’s disciplinary record and the nature of his current problems, a more severe discipline than recommended by the panel should be imposed: he should be indefinitely suspended effective as of the date of his administrative suspension, September 18, 2013; that respondent undergo a Rule 219 reinstatement hearing; and that at the reinstatement hearing, the respondent should be required to establish the six requirements set out by the panel in the final hearing report.
A minority of the court would impose a lesser sanction.
WIBW.com reported that he is a prominent criminal defense attorney.
The Topeka Capital Journal also had the story
The law license of prominent Topeka defense attorney Wendell Betts was suspended indefinitely Friday by the Kansas Supreme Court.
Betts, 65, was called “one of the best criminal defense attorneys around” by Alexander Walczak, the state’s deputy disciplinary administrator, during a September hearing before the Supreme Court in which Betts asked that he be allowed to practice law after a recommended two-year suspension for violations of the Kansas Rules of Professional Conduct.
The oral argument is linked here. (Mike Frisch)