Family Abuse Draws Suspension

The Kansas Supreme Court has imposed a one year suspension with fitness of an attorney for conduct towards his both his ex-wife and present wife in texts and in other ways

On August 31, 2019, while attending his youngest child’s soccer game, the respondent harassed and yelled at E.H. The respondent also followed E.H. and would not leave her alone. When their five-year-old tried to sit on E.H.’s lap, the respondent removed his son from E.H.’s lap.

On September 3, 2019, the respondent’s oldest child was participating in baseball practice with his team. Initially, the respondent and L.H., E.H.’s father, were present and E.H. was not present. Before E.H. arrived, the respondent followed L.H. Several times, L.H. moved his chair away from the respondent and each time, the respondent followed L.H., harassing him. The respondent called L.H. profane names and described E.H.’s mother as an unstable lunatic to L.H. The respondent whispered in L.H.’s ear demeaning names and threats, including that L.H. was a ‘weak man,’ that L.H. was a ‘bitch,’ and that the respondent would follow L.H. everywhere. The respondent stated, ‘I’m going to be right here the rest of your life.’ The respondent came so close to L.H. when he was whispering in his ear that the respondent’s lips touched L.H.’s ear.

After E.H. arrived, E.H. and L.H. were seated in lawn chairs outside the fenced-in field area watching practice. The respondent continued the same conduct and began harassing E.H. At one point, while the youngest child sat on E.H.’s lap, the respondent sat between E.H. and L.H. and leaned against E.H.’s legs and the child’s legs, frightening E.H. L.H. interrupted the practice and asked the coach to intervene. The baseball coach tried to convince the respondent to stop his conduct. The baseball coach told the respondent that he was only hurting his children. The respondent continued his intimidating conduct even after the admonition by the baseball coach.

While using her mobile phone to video record the respondent’s words and actions, the respondent knocked the mobile phone from E.H.’s hand. After knocking the mobile phone from E.H.’s hand, the respondent claimed it was an accident and falsely claimed that something fell out of his hand which caused the phone to fall. During the altercation, the respondent said to L.H. and E.H. that he hoped their pocketbooks were deep because he expected this to be a ‘$20,000 project.’ The respondent also told E.H., ‘I’ve got unlimited money to fight you.’

Shortly after this incident, Respondent acknowledged that he is an alcoholic and entered treatment; he entered a deferred prosecution agreement on battery charges,

He has had several lapses and issues with compliance with the  deferred agreement, including with access to guns

On February 20, 2021, someone attempted to break into the respondent’s home. [His new spouse] J.J. retrieved a gun from the gun safe and gave it to the respondent. The respondent went outside with a flashlight and the gun. The respondent found a man kicking the respondent’s garage door. The respondent ordered the man to get on the ground. He pointed the gun at the man until the police arrived. After the police arrived, the respondent gave the gun back to J.J. and she locked the gun in the safe.

More relapse conduct toward his new family

On May 3, 2021, the respondent consumed alcoholic beverages. While intoxicated, the respondent argued with his wife and his 15-year old step-daughter. During the argument, the respondent repeatedly told his step-daughter that her father was a rapist and that her father raped her mother. The respondent stopped the child from entering a hallway leading to her bedroom by blocking a doorway. The respondent refused to move so the child could enter the hallway. J.J. intervened and told the child to take a different path to her bedroom. When J.J. intervened, the respondent used his elbow to hit J.J., striking her on her left cheek right below her left eye, leaving a bruise. The respondent’s step-daughter observed the respondent strike J.J.’s face using his elbow. The Wichita police officers placed the respondent under arrest and charged him with domestic battery.

Hearing panel

The hearing panel is disturbed by the respondent’s treatment of his children, his step-children, E.H., L.H., and J.J. The hearing panel concurs in the district court’s comments regarding the respondent’s severe emotional abuse of his family members.

A minority of the court would impose a lesser sanction. (Mike Frisch)