Indefinite Suspension For Mishandling Appeal

The Kansas Supreme Court has indefinitely suspended an attorney who engaged in misconduct in her handling of an appeal to the United States Court of Appeals for the Eighth Circuit.

The explanation provided at the disciplinary hearing

‘Q. Essentially the complaint is that you failed to file a brief on time after three extensions, as well as failed to answer an order of show cause. Can you explain what happened? 

A. During this time I was actually a student at Research Medical Center School of Nuclear Medicine Technology. I was attempting to balance that load and at the same time continue my representation of [the defendant]. I had asked the CJA panel for a new appointment and I was told that at this point I needed to continue with representation of [the defendant].

I do not have a good excuse. My excuse is at this time I was disillusioned with the practice of law and at the same time in—during my multiple meetings with [the defendant] in his incarceration I had had more than one threat against me and my family. Such as he made sure that I understood that his previous attorney, who was appointed, had his fingers broken. I am hearing impaired so at first I just laughed these off as, you know, I misunderstood him.

However, in March, I believe, we live in the country so it’s not unusual to hear gunshots. At one point sometime during the night our shop was shot with a shotgun and then the next week there was a close range gunshot near our home, but as we ran outside, you know, whoever it was or whatever it was, you know, was long gone. I do not know, I cannot say that these are related to [the defendant] just because we live in the country in Kansas, you know, people practice skeet shooting all the time.

I did have conversations with the U.S. Marshall, when I represented [the defendant] at his trial, about his threats. They told me to, you know, let them know if he had threatened me again. At this point I didn’t feel like I had any proof that it was him, but at the same time I was pretty upset and ready to move on with my life and leave the practice of law. So in between trying to balance school, you know, studying and trying to take on this case as an appeal, it was too much and I did not do my duty.’

The suspension is effective as of the date of the attorney’s administrative suspension.

The video of oral argument is linked here.  The attorney explains that she “tried her hand” at criminal appellate practice after leaving a patent and trademark practice at a large firm. (Mike Frisch)