Dismissed Criminal Charges Can Form Basis For Ethical Violation
The web page of the Idaho State Bar reports on a sanction imposed for multiple DUIs
On July 19, 2013, the Idaho Supreme Court entered a Disciplinary Order suspending Mr. Kime for one year, with all one year withheld, based on Mr. Kime’s felony conviction for driving under the influence of alcohol (“DUI”). The Disciplinary Order placed Mr. Kime on disciplinary probation through April 3, 2015, and required that he comply with the conditions of his criminal probation, which prohibited any consumption of alcohol. Thereafter, Mr. Kime consumed alcohol in violation of the terms of his criminal and disciplinary probations. Consequently, on May 8, 2014, the Idaho Supreme Court entered a Disciplinary Order imposing the one-year suspension that was previously withheld.
In November 2015, while still on criminal probation, Mr. Kime was stopped by law enforcement while driving his vehicle after consuming alcohol. He was charged in Kootenai County with felony DUI. The Court subsequently determined the traffic stop was illegal and the criminal charge was dismissed. As part of the resulting disciplinary case, Mr. Kime admitted that his conduct violated I.R.P.C. 8.4(b) (commission of a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects).
The Disciplinary Order provides that twelve (12) months of Mr. Kime’s twenty-seven (27) month suspension is withheld subject to the terms of his two (2) year probation upon reinstatement, with terms including the following: avoidance of any alcohol or drug-related criminal acts or traffic violations; a program of random urinalysis, with provision that if Mr. Kime tests positive for alcohol or other tested substances or misses a random urinalysis test without prior approval, the entire withheld suspension shall be immediately imposed; and if Mr. Kime admits or is found to have violated any of the Idaho Rules of Professional Conduct for which a public sanction is imposed for any conduct during his period of probation, the twelve (12) month withheld suspension shall be imposed.
(Mike Frisch)