Probation For Neglect Of Criminal Appeals

The Kansas Supreme Court considered mitigation in sanctioning an attorney’s neglect of several criminal appeals and related violations.

From the hearing panel

The respondent suffers from major depressive disorder. Additionally, during the relevant time period, the respondent’s house burned and his dogs perished in the fire. The respondent has struggled with repairing and rebuilding his home. It is clear that the respondent’s depression and personal difficulties contributed to his misconduct…

The respondent has been in treatment for his depression for some time. The respondent has demonstrated a meaningful and sustained period of successful rehabilitation. Finally, it appears that the respondent’s treatment for his depression has arrested the misconduct and recurrence of the misconduct is unlikely, provided the respondent remains compliant with this treatment plan.

He fully cooperated

The respondent is 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 several letters received by the hearing panel.

Prior discipline

The discipline imposed in 1993, 1998, 2000, 2002, and 2004 is remote in time to the misconduct in this case.

The court

The only remaining issue before us is the appropriate discipline for respondent’s violations. At the panel hearing, at which the respondent appeared, the office of the Disciplinary Administrator recommended that respondent be placed on probation subject to the terms and conditions of the proposed probation plan for a period of 18 months to 2 years. The respondent requested that he be allowed to continue to practice law, subject to the terms and conditions in the proposed plan of probation; he also acknowledged that a period of suspension might be required. The hearing panel recommended that respondent be suspended from the practice of law for a period of two years, that the imposition of the suspension be suspended, and that respondent be placed on probation for a period of three years subject to the terms and conditions listed in paragraph 42, subparagraphs a-l, in the final hearing report.

At the hearing before this court, at which the respondent appeared, the office of the Disciplinary Administrator and the respondent both recommended that respondent be
suspended for two years and that imposition of the suspension be stayed for three years pending respondent’s successful service of probation governed by the terms and conditions set forth in the final hearing report. A majority of the court agrees with that recommendation. A minority of the court would impose a harsher sanction, including some period of immediate suspension.

IT IS THEREFORE ORDERED that [the attorney] be and is hereby disciplined by suspension for two years, stayed for three years pending respondent’s successful service of probation governed by the terms and conditions set forth, in the final hearing report…

Video of oral argument is linked here. (Mike Frisch)