Proof Of Fitness Required

The Kentucky Supreme Court rejected a proposed sanction that would have allowed the attorney’s automatic reinstatement

Bar Counsel contends that the Trial Commissioner and Board erred in determining that Howell should be suspended for a period of one-hundred-and eighty-one days, with ninety days to serve and the remaining ninety-one days probated for a period of two years upon conditions. We note that findings of fact by trial commissioners and the Board are merely advisory to this Court. SCR 3.360; Kentucky Bar Association v. Jones, 759 S.W.2d 61, 63 (Ky. 1988). “Final decisions of guilt and punishment can only be made by the Supreme Court, and it is done on the basis of a de novo consideration of pleadings and trial review.” Kentucky Bar Association v. Jacobs, 387 S.W.3d 332, 337 (Ky. 2012) (quoting Jones, 759 S.W.2d at 63-64)). We now exercise this authority and disagree with the Board that its recommended sanction is adequate.

Bar Counsel argues that this recommended sanction adopted by the Board is not supported by substantial evidence and is clearly erroneous as a matter of law as required by SCR 3.370(5)(a)(l). It further contends that the suspension, which permits automatic reinstatement, unduly depreciates the seriousness of Howell’s misconduct. We agree.

In mitigation, the Board considered testimony Howell offered as to her good character. Howell also offered testimony as to her struggles with anxiety, depression and alcohol addiction. Furthermore, she contended her gastric surgery and relationship issues played a role in her misconduct. We are not persuaded that these factors merit a lesser sanction for Howell’s numerous acts of misconduct.

There were numerous violations and prior discipline

In light of this Court’s precedent, Howell’s previous admonitions, and the current charges, we believe her reinstatement to practice law in the Commonwealth must be contingent upon the approval of the Character and Fitness Committee. Therefore, it is ordered that Howell shall be suspended for a period of one hundred and eighty-one days and said suspension shall continue until such time as she is reinstated to the practice of law by order of this Court pursuant to SCR 3.510

(Mike Frisch)