Temporary Suspension Ordered

The Kentucky Supreme Court has temporarily suspended an attorney on motion by the Inquiry Commission

In its petition, the Inquiry Commission set forth the facts underlying its request for a temporary suspension. On September 6, 2022, Cox and his wife were involved in an altercation wherein Cox yelled at her, threw her onto the bed and floor, grabbed her arms and wrists, pushed her against a railing and walls, and choked her several times. Cox was admittedly in a heavily intoxicated state at the time of the incident. The following day, the Jefferson Family Court issued an Emergency Protective Order (EPO) in favor of Mrs. Cox and Cox was ordered to remain at least 500 feet away from her and refrain from any contact or communication. A three-year Domestic Violence Order (DVO) was subsequently entered on November 18, 2022, largely mirroring the EPO, but allowing Cox visitation with his daughter.

Contrary to the provisions of the DVO, Cox texted his wife on several occasions and mailed her multiple letters throughout November and December of 2022. On Christmas Eve, Cox was again intoxicated and went to the marital residence where his wife and daughter were living, forced entry into the basement, and threatened Mrs. Cox to not involve the police. He subsequently sent multiple text messages to his wife. On January 17, 2023, the Jefferson Family Court found Cox in contempt for violating the DVO and sentenced him to 180 days in jail. On February 6, 2023, Cox entered a guilty plea in Jefferson District Court to one count of violating a Kentucky EPO/DVO, and received a sentence of 275 days incarceration, with 95 days conditionally discharged for two years, and he was given credit for 26 days already served.

While the DVO proceedings were pending, in early October of 2022, Cox was intoxicated and got into a physical altercation with management at a restaurant before leaving the establishment. Responding officers found Cox in his vehicle stopped in the middle of the roadway. He failed a series of field sobriety tests, refused to submit to a breath test, and was arrested. On February 21, 2023, Cox entered a guilty plea to operating a motor vehicle under the influence, first offense.

That same day, Cox was indicted by a Jefferson Circuit Grand Jury for one count each of strangulation in the first degree, burglary in the second degree, intimidating a participant in the legal process, terroristic threatening in the third degree, failure to notify address change to the Department of Transportation, and twelve counts of violating a Kentucky EPO/DVO. Those criminal charges remain pending. Upon receipt of all of this information, the Inquiry Commission filed the instant petition, alleging Cox poses a substantial threat of harm to his clients or the public, that he is addicted to intoxicants, and that he does not have the physical or moral fitness to continue to practice law.

In response, Cox acknowledges he has acted inappropriately but avers he maintains the moral fitness to continue practicing law, providing a lengthy recitation of the rehabilitation efforts he has undertaken. While in custody between January and June of 2023, Cox completed a 90-day “Chance for Change” substance abuse and addiction treatment program provided by the Louisville Metro Corrections Department. He also completed Parenting Classes and the Soft Skills Academy. day in-patient recovery program at the University of Florida Health Recovery Center. That program was recommended to him by KYLAP and is designed for professionals to address addiction and underlying psychiatric health issues. Cox is nearing completion of the program and is building a support structure upon which he will rely upon his release and return to Kentucky.

Cox asserts he is implementing the recommendations of his treating healthcare professionals and is committed to maintaining his ongoing recovery. He does not discount the serious nature of his past actions, and states he now understands his issues with alcohol, anxiety and depression, and lack of coping skills were all major driving factors. He has a framework for after-care mechanisms and support structures which will be finalized once he is released from the in-patient treatment program, including weekly participation in AA, continued compliance with all treatment and counseling recommendations made by his healthcare providers, and entering a multi-year KYLAP agreement with additional counseling and therapy as required under that agreement. Cox avers he has “woken up” to his issues and has taken serious, aggressive, and sustained steps toward recovery and maintenance of sobriety.

Attached to his response are several affidavits from current clients relative to his representation and the desire of those clients to retain him as their counsel. It appears Cox’s clients have not directly suffered harm due to 5 his personal and legal struggles, which he has apparently candidly disclosed to them. He has also attached two affidavits from the director of the Chance for a Change program, an affidavit from a Board-Certified Specialist in Addiction Medicine from the University of Florida Health Recovery Center who has personal knowledge of Cox and his treatment at that facility, an affidavit from an attorney and Board member of Florida’s Lawyers Assistance Program who is an alumni of the University of Florida treatment program and current leader of support group meetings for lawyers of which Cox has been a participant, and the results from neuropsychological testing performed at the University of Florida Health Recovery Center.

The suspension will dissolve automatically in 180 days unless extended or dissolved earlier. (Mike Frisch)