In re Crow

179 P.3d 1093, 285 Kan. 1110, 2008 Kan. LEXIS 79
CourtSupreme Court of Kansas
DecidedMarch 28, 2008
DocketNo. 99,202
StatusPublished

This text of 179 P.3d 1093 (In re Crow) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Crow, 179 P.3d 1093, 285 Kan. 1110, 2008 Kan. LEXIS 79 (kan 2008).

Opinion

Per Curiam:

This is an original uncontested proceeding in discipline filed by the office of the Disciphnaiy Administrator against respondent, Cherie N. Crow, of Prairie Village, Kansas, an attorney admitted to the practice of law in Kansas in 1998. Respondent’s license to practice law in Kansas was temporarily suspended on October 6, 2004, for failure to pay the annual attorney registration fee, fulfill the required hours of continuing legal education, pay the noncompliance fee for the 2003-04 compliance period, and pay the annual CLE fee for 2004. The suspension remains in effect.

A hearing was held before a panel of the Kansas Board for Discipline of Attorneys on July 24, 2007. The respondent did not appear.

The hearing panel concluded that the respondent violated KRPC 8.1(b) (2007 Kan. Ct. R. Annot. 553) (failure to respond and to cooperate with investigation) and Supreme Court Rule 207(b) (2007 Kan. Ct. R. Annot. 288) (duty to cooperate). The panel unanimously recommends that the respondent be indefinitely suspended from the practice of law in the state of Kansas. Respondent did not file exceptions to the final hearing report.

The panel’s findings of fact, conclusions of law, and recommendations for discipline are reproduced in part as follows:

“FINDINGS OF FACT

“2. In approximately June, 2004, James Chivers filed a complaint against the Respondent. Thereafter, on June 10, 2004, Frank D. Diehl, Deputy Disciplinary Administrator, wrote to the Respondent, informed her that a complaint had been [1111]*1111filed, enclosed a copy of the complaint, and directed her to respond to the complaint in writing within 15 days. The Respondent failed to provide a written response to the complaint as directed.
“3. On August 6, 2004, Mr. Diehl again wrote to the Respondent. Mr. Diehl reminded the Respondent that he had previously directed her to provide a written response to Mr. Chivers’ complaint. Mr. Diehl directed the Respondent to provide a written response to the complaint within ten days. The Respondent again failed to provide a written response to Mr. Chivers’ complaint.
“4. Mr. Diehl referred Mr. Chivers’ complaint to the Johnson County Ethics and Grievance Committee for investigation. Frank L. Austenfeld, a member of the Johnson County Ethics and Grievance Committee, was appointed to investigate Mr. Chivers’ complaint. On August 30, 2004, Mr. Austenfeld wrote to the Respondent and directed her to provide a written response to Mr. Chivers’ complaint within seven days. The Respondent faded to provide a written response to Mr. Chivers’ complaint as directed.
“5. On November 3, 2004, Mr. Austenfeld again wrote to the Respondent and directed her to provide a written response to Mr. Chivers’ complaint within ten days. The Respondent again failed to provide a written response to Mr. Chivers’ complaint.
“6. On December 23, 2004, Mr. Austenfeld informed the Disciplinary Administrator’s office that the Respondent failed to cooperate in the investigation of Mr. Chivers’ complaint. Mr. Austenfeld recommended that the disciplinary proceedings commence, given the Respondent’s failure to cooperate.
“7. On October 6, 2006, Terry L. Morgan, Special Investigator for the Office of the Disciplinary Administrator, wrote to the Respondent and directed her to contact him to schedule an interview. The Respondent failed to contact Mr. Morgan as directed.
“8. On March 9, 2007, Mr. Diehl filed a Formal Complaint. On that same date, Mr. Diehl had a copy of the Formal Complaint and Notice of Hearing sent, via certified mail, to the Respondent at her last registration address. The package containing the copy of the Formal Complaint and the Notice of Hearing was returned by the United States Post Office to the Disciplinary Administrator’s office and marked ‘not deliverable as addressed, unable to forward, attempted— not known.’
“CONCLUSIONS OF LAW
“1. Kan. Sup. Ct. R. 215 governs service of process in disciplinary proceedings. That rule provides, in pertinent part as follows:
‘(a) Service upon the respondent of the formal complaint in any disciplinary proceeding shall be made by the Disciplinary Administrator, either by personal service or by certified mail to the address shown on the attorney’s most recent registration, or at his or her last known office address.’
[1112]*1112‘(c) Service by mailing under subsection (a) or (b) shall be deemed complete upon mailing whether or not the same is actually received.’
In this case, the Disciplinary Administrator complied with Kan. Sup. Ct. R. 215(a) by sending a copy of the Formal Complaint and the Notice of Hearing, via certified United States mail, postage prepaid, to the address shown on the Respondent’s most recent registration. The package containing a copy of the Formal Complaint and the Notice of Hearing was returned by the United States Post Office, marked ‘not deliverable as addressed, unable to forward, and attempted— not known.’ The Hearing Panel concludes that the Respondent was afforded the notice that the Kansas Supreme Court Rules require.
“2. Lawyers must cooperate in disciplinary investigations. KRPC 8.1(b) and Kan. Sup. Ct. R. 207(b) provide the requirement in this regard. ‘[A] lawyer in connection with a . . . disciplinary matter, shall not: . . . knowingly fail to respond to a lawful demand for information from [a] disciplinary authority. . . .’ KRPC 8.1(b).
‘It shall be the duty of each member of the bar of this state to aid the Supreme Court, the Disciplinary Board, and the Disciplinary Administrator in investigations concerning complaints of misconduct, and to communicate to the Disciplinary Administrator any information he or she may have affecting such matters.’ Kan. Sup. Ct. R. 207(b)
The Respondent knew that she was required to forward a written response to the initial complaint — she had been repeatedly instructed to do so in writing by Mr. Diehl and Mr. Austenfeld. Because the Respondent knowingly failed to provide a written response to the complaint filed by Mr. Chivers as directed, the Hearing Panel concludes that the Respondent violated KRPC 8.1(b) and Kan. Sup. Ct. R. 207(b).
“AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS
“In making this recommendation for discipline, the Hearing Panel considered the factors outlined by the American Bar Association in its Standards for Imposing Lawyer Sanctions (hereinafter ‘Standards’). Pursuant to Standard 3, the factors to be considered are the duty violated, the lawyer’s mental state, the potential or actual injury caused by the lawyer’s misconduct, and the existence of aggravating or mitigating factors.
“Duty Violated. The Respondent violated her duty to the legal profession to cooperate in a disciplinary investigation.
“Mental State. The Respondent knowingly violated her duty.
“Injury. As a result of the Respondent’s misconduct, the Respondent caused potential harm to the legal profession.

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Cite This Page — Counsel Stack

Bluebook (online)
179 P.3d 1093, 285 Kan. 1110, 2008 Kan. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-crow-kan-2008.