“An Embarrassment To The Legal Profession”

The Oklahoma Supreme Court has disbarred an attorney for misconduct that took place in Florida and Colorado

The Supreme Court of the State of Florida filed a disciplinary Complaint against Respondent, following his arrest and subsequent nolo contendere plea to a misdemeanor trespass charge, Case No. SC21-1216, The Florida Bar v. Kenneth Carl Wright. Wright failed to appear or otherwise respond in this Florida action. Although Respondent never formally appeared, his counsel recounted that Respondent lost his laptop computer, all forms of identification, traveled to Colorado for a period of time, and was homeless. It was alleged that at some point he was residing in Arizona. There was no indication that his official roster address was ever updated. On May 12, 2022, the Florida Supreme Court entered judgment disbarring Respondent effective immediately.

The misconduct giving rise to Respondent’s disbarment includes the following four incidents:

1. Trespass — Florida- Respondent was charged and entered a plea of Nolo Contendere to Trespass in an Occupied Structure (Refusal to Leave). Florida police arrested Respondent suspected of shoplifting at a clothing store. He was sentenced to 24 days in the Orange County Jail with credit for 24 days served. Documents relating to the plea and sentence were filed with the Notice filed herein on September 2, 2022.

2. Burglary Arrest Colorado– Respondent was arrested in Denver, Colorado for Burglary in September, 2020. Security camera footage showed him trespassing with intent to commit theft by drinking alcohol belonging to a bar. He drank a large amount of alcohol valued at $150 as well as turning on the fryer. Respondent failed to appear for his court proceedings relating to this charge; he absconded and remains subject to a warrant for arrest and a fugitive from justice.

3. Ineligible to Practice Law in Florida – Respondent remains ineligible to practice law in Florida. In Case no. SC20-1613 (Fla. Jan. 12, 2021), Respondent failed to pay ordered administrative costs as required by the Supreme Court of Florida.

4. Failure to Pay Florida Bar Dues – Respondent failed to pay the Florida annual bar membership dues which were due on October 1, 2021.

Respondent was found guilty of violating the following Rules Regulating the Florida Bar:

3-4.3 Misconduct and Minor Misconduct. The standards of professional conduct required of members of the bar are not limited to the observance of rules and avoidance of prohibited acts, and the enumeration of certain categories of misconduct as constituting grounds for discipline are not all-inclusive nor is the failure to specify any particular act of misconduct be construed as tolerance of the act of misconduct. The commission by a lawyer of any act that is unlawful or contrary to honesty and justice may constitute a cause for discipline whether the act is committed in the course of the lawyer’s relations as a lawyer or otherwise, whether committed within Florida or outside the state of Florida, and whether the act is a felony or a misdemeanor.

3-4.4 Criminal Misconduct. A determination or judgment by a court of competent jurisdiction that a member of The Florida Bar is guilty of any crime or offense that is a felony under the laws of that court’s jurisdiction is cause for automatic suspension from the practice of law in Florida, unless the judgment or order is modified or stayed by the Supreme Court of Florida, as provided in these rules. The Florida Bar may initiate disciplinary action regardless of whether the respondent has been tried, acquitted, or convicted in a court for an alleged criminal misdemeanor or felony offense. The board may, in its discretion, withhold prosecution of disciplinary proceedings pending the outcome of criminal proceedings against the respondent. If a respondent is acquitted in a criminal proceeding that acquittal is not a bar to disciplinary proceedings. Likewise, the findings, judgment, or decree of any court in civil proceedings are not necessarily binding in disciplinary proceedings.

3-7.2 (e) Notice of Self-Reporting by Members of Determination or Judgment of Guilt of All Criminal Charges. A member of the Florida Bar must provide a copy of the document(s) entering a determination or judgment for any criminal offense against that member entered on or after August 1, 2006 to the executive director within 10 days of its entry.

4-8.4(b) A lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.

Respondent’s crimes were found to be an embarrassment to the legal profession and the type to elicit public ridicule. It was also noted that Respondent was ineligible to practice law for violation of other rules and Orders of the Florida Supreme Court. Further, Respondent never acknowledged his wrongful conduct, despite being a long-tenured member of the Florida Bar. After considering aggravating and mitigating factors, Respondent was found guilty of misconduct justifying discipline by immediate disbarment and payment of the costs in the Florida Bar proceedings.

Here

On September 21, 2022, this Court ordered Respondent to respond by November 4, 2022 to show cause in writing why a final order of discipline should not be imposed, to request a hearing, or to file a brief and any evidence tending to mitigate the severity of discipline. The Order was forwarded to Respondent at his official roster address, but it was returned to the Court Clerk’s office and stamped as “return to sender- not deliverable as addressed- unable to forward.” The Order was mailed to the only address provided by Respondent as his official roster address. Respondent has not filed any response in this disciplinary matter.

(Mike Frisch)