In re Goodwin

316 P.3d 748, 298 Kan. 802
CourtSupreme Court of Kansas
DecidedJanuary 24, 2014
DocketNo. 110,200
StatusPublished

This text of 316 P.3d 748 (In re Goodwin) 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 Goodwin, 316 P.3d 748, 298 Kan. 802 (kan 2014).

Opinion

Per Curiam-.

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Jeffrey M. Goodwin, of Kansas City, Kansas, an attorney admitted to the practice of law in Kansas in 1997.

On April 25, 2013, the office of the Disciplinary Administrator filed a formal complaint against the respondent alleging violations of the Kansas Rules of Professional Conduct (KRPC). The respondent untimely filed an answer on May 29, 2013. A hearing was held on the complaint before a panel of the Kansas Board for Discipline of Attorneys on June 12, 2013.

The hearing panel determined that respondent violated KRPC 1.3 (2013 Kan. Ct. R. Annot. 464) (diligence); 1.4(a) (2013 Kan. Ct. R. Annot. 484) (communication); 1.16(d) (2013 Kan. Ct. R. Annot. 569) (termination of representation); Kansas Supreme Court Rule 207(b) (2013 Kan. Ct. R. Annot. 336) (failure to cooperate in disciplinary investigation); and Kansas Supreme Court Rule 208 (2013 Kan. Ct. R. Annot. 349) (registration of attorneys).

Upon conclusion of the hearing, the panel made the following findings of fact and conclusions of law, together with its recommendation to this court:

“FINDINGS OF FACT
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“8. On April 25, 1997, the Kansas Supreme Court admitted the respondent to the practice of law in the State of Kansas. Additionally, in October, 2001, the Missouri Supreme Court admitted the respondent to tire practice of law in the State of Missouri.
[803]*803“9. On September 14, 2012, the Kansas Supreme Court suspended the respondent’s license to practice law for failing to comply with the annual requirements to maintain his law license. On November 1, 2012, the Kansas Supreme Court reinstated the respondent’s license to practice law.
‘TO. In 2012, the respondent served on the juvenile appointment list for Wy-andotte County, Kansas. By serving in that capacity, the respondent agreed to be available in the juvenile division on designated dates to assist juveniles facing prosecution.
“11. On September 2, 2012, D.T. accompanied his 11-year-old son to an arraignment hearing in the juvenile division of the Wyandotte County District Court, on a charge of felony theft. D.T. and his son were not financially eligible for court-appointed counsel. The court continued the case to September 17,2012, to allow D.T. time to retain counsel for his son. D.T. was encouraged to hire an attorney who was ‘in the system.’
“12. The respondent was in court that day on September 2, 2012, assisting indigent clients. D.T. and his son talked with the respondent at that time and requested that die respondent represent D.T.’s son. The respondent agreed to represent D.T.’s son for a fee of $500. D.T. paid the respondent $500.
“13. The respondent failed to enter his appearance on behalf of D.T.’s son.
“14. On September 17, 2012, D.T. and his son appeared in court for arraignment. The respondent failed to appear. Because tire respondent did not appear, the court continued the case to October 17, 2012.
“15. By this time, however, the Kansas Supreme Court had suspended the respondent’s license to practice law. The respondent had taken no steps to notify the court, opposing counsel, or Iris clients that his Kansas license to practice law had been suspended.
“16. On October 17, 2012, D.T. and his son again appeared in court. Again, the respondent failed to appeal'. In preparation for participation in the diversion program, court personnel directed D.T.’s son to view a video. Following the video, the respondent still had not arrived. D.T. and his son waited approximately one hour for the respondent. The respondent did not arrive during that hour. Court personnel called the respondent by telephone. The respondent instructed the court personnel that he could not appear that day but that he would appeal' at the next setting. Court personnel then informed D.T. and his son that the matter could not proceed widiout the presence of counsel and the case was set over to October 31, 2012. At the time the respondent] spoke with court personnel, the respondent was not licensed to practice law.
“17. On October 31, 2012, D.T. and his son appeared in court again. Again, the respondent failed to appeal' in court. Deb Erickson, an attorney, was present and offered to assist D.T.’s son. Ms. Erickson assisted D.T.’s son and he began participating in the diversion program.
“18. D.T. placed several telephone calls to the respondent throughout the period of representation. The respondent failed to return D.T.’s telephone calls.
[804]*804“19. Following the October 17, 2012, court appearance, D.T. contacted the respondent and requested that the respondent refund the $500 fee. The respondent never contacted D.T. nor did he refund the $500 fee.
“20. On November 7, 2012, D.T. filed a complaint against the respondent with the disciplinary administrator. The disciplinary administrator and the attorney appointed to investigate the complaint directed the respondent to provide a written response to the complaint filed by D.T. The respondent never provided a written response to the complaint filed by D.T.
“Conclusions of Law
“21. It is appropriate to consider violations not specifically included in the Formal Complaint under certain circumstances. The law in this regard was thoroughly examined in State v. Caenen, 235 Kan. 451, 681 P.2d 639 (1984), as follows:
‘Supreme Court Rule 211(b) (232 Kan. clxvi), requires the formal complaint in a disciplinary proceeding to be sufficiently clear and specific to inform the respondent of the alleged misconduct.
‘The seminal decision regarding the applicability of the due process clause to lawyer disciplinary proceedings is found in In re Ruffalo, 390 U.S. 544, 88 S. Ct. 1222, 20 L. Ed. 2d 117, reh. denied 391 U.S. 961, 88 S. Ct. 1833, 20 L. Ed.2d 874 (1968). There the United States Supreme Court held that a lawyer charged with misconduct in lawyer disciplinary proceedings is entitled to procedural due process, and that due process includes fair notice of the charges sufficient to inform and provide a meaningful opportunity for explanation and defense.
‘Decisions subsequent to Buffalo have refined die concept of due process as it applies to lawyer disciplinary hearings, and suggest that the notice to be provided be more in the nature of that provided in civil cases. The weight of authority appears to be that, unlike due process provided in criminal actions, there are no stringent or technical requirements in setting forth allegations or descriptions of alleged offenses. . . .

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Related

In Re Ruffalo
390 U.S. 544 (Supreme Court, 1968)
State v. Turner
538 P.2d 966 (Supreme Court of Kansas, 1975)
State v. Caenen
681 P.2d 639 (Supreme Court of Kansas, 1984)
In Re Foster
258 P.3d 375 (Supreme Court of Kansas, 2011)
In Re Dennis
188 P.3d 1 (Supreme Court of Kansas, 2008)
In re Lober
204 P.3d 610 (Supreme Court of Kansas, 2009)
In re Ruffalo
391 U.S. 961 (Supreme Court, 1968)

Cite This Page — Counsel Stack

Bluebook (online)
316 P.3d 748, 298 Kan. 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-goodwin-kan-2014.