Conditional Admission Revoked

The Kentucky Supreme Court has revoked a conditional admission

Sowell attended Mississippi College School of Law from 2008 to 2011, and while there entered into a treatment and monitoring agreement with the Mississippi Lawyers and Judges Assistance Program. Upon graduation, he applied for admission to the Kentucky bar. According to Sowell’s response, he had pre-2008 “disease and alcohol-related criminal charges.”

He was admitted subject to a number of conditions including sobriety

The Committee’s Recommendation of Licensure Revocation details Sowell’s history of Consent Agreement violations and the extension and additional conditions of each subsequent agreement. Pertinent to our analysis, in the preamble to the Third Supplemental Consent Agreement, Sowell acknowledged execution of the prior Consent Agreements, repeated violations of those agreements, being an active alcoholic during the periods covered by the agreements, and completion of a residential treatment program.

The breaches

By letter dated June 20, 2019, KYLAP’s Director reported Sowell’s noncompliance to the Office of Bar Admissions. Specifically, a random drug/alcohol test conducted on May 3, 2019 resulted in “a dilute.” A follow-up blood test on May 9, 2019, was unable to be conducted because, as Sowell reported to KYLAP, Sowell passed out when the needle was inserted. A followup urine screen on May 22 resulted in a negative test. A subsequent hair follicle test taken on June 4 was, however, positive for cocaine, and indicated alcohol use as well. Additionally, Sowell did not report the positive hair test to KYLAP or to his KYLAP monitor, as required by his KYLAP Supervision Agreement. The letter reporting non-compliance was copied to Sowell and his counsel…

In response to the Committee’s Recommendation of Licensure Revocation, Sowell admits to a relapse from May 4 to 5, 2019, after his girlfriend broke off their relationship, and to non-reporting. In mitigation of revocation, Sowell argues that he had achieved 39 months of sobriety before May 2019, that he subsequently entered an Intensive Outpatient Program (“IOP”) and has been attended 12-step meetings. Sowell also presents testimony as to the nature of addiction, recovery and relapse from Yvette Hourigan, KYLAP’s Director, from Vaas Jackson, one of Sowell’s therapists at his IOP, and from Dr. Grayson Grau, his treating psychiatrist.

The court

The Committee’s Recommendation of Licensure Revocation establishes that Sowell failed repeatedly to abide by the terms of his conditional admission. Sowell’s response and exhibits, while showing progress in his attempt to achieve lasting sobriety, do nothing to contradict the Committee’s findings of noncompliance. Sowell was given repeated opportunities to conform his behavior to the standards required of those seeking admission to the bar but failed to meet those standards. Accordingly, this Court finds that Respondent’s conditional admission to practice law in Kentucky should be revoked.

(Mike Frisch)