Asleep At The Wheel
The Kentucky Supreme Court ordered a three-year suspension retroactive to the date of his interim suspension
On October 10, 2017, Mark Wickersham, while intoxicated, picked up his minor son from school and fell asleep while driving his son on a local interstate highway. Wickersham’s son had to awaken him. The son then contacted his mother, who in turn contacted law enforcement.
Leading to
The criminal case was resolved by a guilty-plea agreement in Madison Circuit Court on March 8, 2018, providing for pretrial diversion for a period of three years. By operation of SCR 3.166, Wickersham’s license to practice law was temporarily and automatically suspended upon entry of the guilty plea…
Since the alcohol-related incidents in October 2017, Wickersham has reportedly been in, and remains in, active substance-abuse recovery. He acknowledges that he has an alcohol-abuse problem and has accepted personal responsibility for his conduct that led to the criminal proceedings. Wickersham has also reportedly taken steps to address these problems, including in-patient counseling and treatment, which continues today.
He accepted the sanction
After reviewing the allegations, Wickersham’s previous disciplinary record, his willingness to cooperate with KYLAP and other treatment programs, his demonstrated dedication to continuing his sobriety, and the cases cited by the KBA, this Court concludes that the discipline proposed by Wickersham, and agreed-to by the KBA, is appropriate.
The period of suspension could be reduced
Wickersham is suspended from the practice of law for three years, retroactive from March 8, 2018, or until Wickersham has satisfied in full the terms and conditions of his pretrial diversion in the Madison Circuit Court criminal proceedings, whichever event first occurs.
There are severe potential consequences if he violates the dversion
In the event Wickersham violates the terms of his pretrial diversion, the Office of Bar Counsel may seek to revoke the disciplinary suspension imposed and may seek the permanent disbarment of Wickersham.
(Mike Frisch)