Sale To Friend Draws Indefinite Suspension

The Kansas Supreme Court has indefinitely suspended an attorney convicted of a drug offense

On May 13, 2014, the Douglas County, Kansas, District Attorney’s office filed an amended information charging the respondent with two counts of possession with intent to distribute less than 25 grams of marijuana (level 4 felony), and one count of drug paraphernalia (level 5 felony). The respondent entered a plea of no contest to the three charges in the amended information…

At the hearing on the formal complaint, the respondent testified that the felony charges stemmed from him selling marijuana to a long-time friend on two occasions.

He was admitted in 2011

The respondent was an active and productive member of the bar of Topeka, Kansas. The respondent also enjoys the respect of his peers and generally possesses a good character and reputation as evidenced by the earnest testimony of Gary Hinck as well as by many compelling letters received by the hearing panel.

The respondent testified that prior to his arrest, he used marijuana every day of his adult life. Clearly, the respondent was dependent on marijuana at the time he committed the misconduct. The respondent’s chemical dependence caused the respondent’s misconduct. The respondent, however, has not used marijuana since March 2013, the date of his initial arrest. Thus, the respondent demonstrated that he is in recovery and that he has been in recovery for a meaningful and sustained period of time. Because the respondent’s misconduct centered on his use of marijuana, it appears that the respondent’s recovery has arrested the misconduct and recurrence of the misconduct is unlikely. The hearing panel concludes that the respondent’s chemical dependence is a significant mitigating factor.

He was remorseful and fully cooperative. 

The court

After considering the ABA standard, the hearing panel’s and Disciplinary Administrator’s recommendations, and the pattern of our past cases, we conclude Minter’s possession of a controlled substance with intent to distribute warrants a severe sanction— but the lack of any aggravating factors mitigates against imposing the most severe sanction of disbarment. Moreover, we note the significant mitigating factors found by the hearing panel, including the respondent’s young age, his genuine remorse, his sustained and successful recovery from his chemical dependence, and his compelling support and respect from his peers.

The video of oral argument is linked here.  (Mike Frisch)