Prosecuting While Intoxicated
The Kansas Supreme Court suspended an attorney for a pattern of alcohol driving offenses
The Missouri Supreme Court admitted the respondent to the practice of law in the State of Missouri in October, 1990. The Kansas Supreme Court admitted the respondent to the practice of law in the State of Kansas in April, 1991.
In 2014, the respondent was arrested for driving while intoxicated. On September 18, 2014, the respondent entered a plea of guilty, the court suspended the imposition of the sentence, and the court placed the respondent on probation.
In 2016, the respondent served as the city attorney for Galena, Kansas.
On March 11, 2016, the respondent was scheduled to appear in municipal court as the municipal prosecutor. The respondent drove to the courthouse while intoxicated. The municipal court judge, a defense attorney, the mayor, and the police chief all witnessed the respondent’s demeanor and concluded he was intoxicated.
After the mayor and the police chief spoke with the respondent, they confirmed that he was impaired. The respondent did not enter the courtroom. Because of the respondent’s impairment, he did not appear in court on behalf of the city that day. The mayor drove the respondent back to his home.
The judge and a defense attorney filed disciplinary complaints against respondent for coming to the courthouse intoxicated and for being unable to represent the city in court as scheduled that day.
On March 29, 2016, the respondent was arrested in Joplin, Missouri, for driving while intoxicated. At the time of his arrest, the respondent remained on probation for the 2014 driving while intoxicated conviction.
Following the respondent’s March 29, 2016, arrest, the respondent resigned as the Galena city attorney.
On March 30, 2016, with the assistance of KALAP, the respondent entered treatment at Valley Hope.
In the respondent’s written response to the complaints filed by the judge and a defense attorney, the respondent admitted to being intoxicated when he arrived at Municipal Court on March 11, 2016. The respondent also acknowledged his March 29, 2016, arrest for driving while intoxicated.
On July 27, 2016, the respondent was arrested in Joplin, Missouri, for driving while intoxicated and driving with a revoked or suspended driver’s license. Again, the respondent remained under court supervision for the 2014 driving while intoxicated case at the time of this arrest. Additionally, the respondent was on bond for the March, 2016, arrest.
The respondent was scheduled to appear before Cherokee County District Magistrate Judge Samuel J. Marsh, on behalf of 10 clients on July 28, 2016, for a docket involving juvenile offender and child-in-need-of-care cases. Because the respondent remained incarcerated from his arrest the previous night, the respondent did not appear before Judge Marsh on behalf of his clients.
On August 1, 2016, Judge Marsh forwarded a complaint against the respondent for his failure to appear on behalf of his 10 clients on July 28, 2016. In his letter, Judge Marsh noted that the respondent failed to contact the court to explain the reason for his absence. Judge Marsh, however, was aware of the respondent’s July 27, 2016, arrest for driving while intoxicated and assumed that respondent’s incarceration was the reason for his failure to appear in court.
On August 11, 2016, the respondent was convicted of driving while intoxicated based on the March 29, 2016, arrest in Joplin, Missouri. The court sentenced the respondent to 30 days in jail, suspended the execution of the sentence, and placed the respondent on probation. As part of the probation order, the court required the respondent to refrain from violating the law.
On September 7, 2016, the respondent entered treatment with Bradford Health Services.
On September 21, 2017, the respondent was arrested for driving while intoxicated in Jasper County, Missouri. Based on respondent’s prior history, he was charged as a persistent offender, a class E felony. A persistent offender is defined under Missouri law as a person who has been found guilty of ‘two or more intoxication-related offenses committed on separate occasions.’ Mo. Rev. State. § 577.001(18)(a). At the time of the respondent’s September, 2017, arrest, he was on probation for the conviction stemming from the March, 2016, arrest. Also, the respondent was on bond for the July, 2016, arrest.
An 18-month suspension was imposed
It is clear to all on the court that respondent has made significant strides to address the ethical lapses in his life that led to the violations. Those violations, however, were serious in nature. Though every disciplinary case is unique and will turn on its specific facts, we are informed by our prior decisions addressing similar circumstances…
In consideration of all the facts and circumstances, we adopt the recommendation of the panel. See In re Holmes, 307 Kan. 871, 901, 416 P.3d 143 (2018) (giving deference to the panel that heard the evidence before it when the severity of the sanction depended on the facts and circumstances of the case). A minority of the court would impose a lesser discipline.
Oral argument linked here. (Mike Frisch)