In re Harris

186 P.3d 737, 286 Kan. 532, 2008 Kan. LEXIS 334
Supreme Court of Kansas·Decided June 27, 2008·No. No. 99,705·Published·Cited by 1 cases

Opinion

Per Curiam:

This is an original uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against respondent, Kevin C. Harris-, of Shawnee Mission, an attorney admitted to the practice of law in Kansas in 1985.

A hearing was held before a panel of the Kansas Board for Discipline of Attorneys. The respondent appeared in person and with his attorney. The hearing panel concluded that the respondent violated Kansas Rules of Professional Conduct (KRPC) 3.1 (2007 Kan. Ct. R. Annot. 500) (meritorious claims and contentions); KRPC 3.2 (2007 Kan. Ct. R. Annot. 503) (expediting litigation); and KRPC 3.4(d) (2007 Kan. Ct. R. Annot. 514) (fairness to opposing party and counsel). The hearing panel unanimously recommended that the respondent be suspended from the practice of law for a period of 2 years. The respondent filed exceptions to the final hearing report pursuant to Supreme Court Rule 212 (2007 Kan. Ct. R. Annot. 317).

The panel’s final hearing report provides, in part, as follows:

“FINDINGS OF FACT
“2. Raymond Harris had five children: three sons, the Respondent, Dennis Harris, and Brian Harris, and two daughters, Patricia Blenis and Maty Sobray.
“3. During the lifetime of Raymond Harris, disputes arose between the siblings as to where Raymond Harris should live and how he should be cared for. At some point, competing guardianship and conservatorship cases were filed at approximately the same time, one in Johnson County, Kansas, and one back East. [533]*533The Court back East concluded that Kansas was the proper venue and dismissed the pending litigation.
“4. In die Kansas guardianship case, the Respondent was appointed to serve as the guardian and [brother] Dennis Harris was appointed to serve as the conservator.
“5. Raymond Harris died on August 31, 2003.
“6. On September 29, 2003, Ms. Blenis wrote to Judge Sheppard of the Johnson County District Court [successor judge in the guardianship/conservator action], In her letter, she stated:
‘Please know that in the matter of guardianship and conservatorship of Raymond J. Harris, Case Number: 02GC28 there has been absolutely no accounting filed as ordered by Judge Bruner [original judge] and as stipulated in the Kansas statutes. I am concerned about this because Raymond J. Harris was my father. Sadly, he passed away on August 31, 2003.
‘Judge Bruner’s ruling on June 14, 2002 states, “The Court is going to appoint him (Dennis Harris) conservator and require a full inventory within thirty days that is in accordance with K.S.A. 59-1021, and will require for his service the appointment and qualification of resident agent and a surety bond in the amount of $350,000.” I have called the clerk’s office several times only to be told this inventory has never been filed. I am also aware that an annual accounting was due in July 2003. Again, I have made several calls to the clerk’s office only to be told that it has not been filed. I was told a second reminder was mailed to the conservator on August 26, 2003 asking for the conservator’s annual report. As of today, this has not been filed.
‘You may recall that I was in your courtroom on January 23, 2003 with a motion to clarify the order for guardianship. I simply visited my father after he was admitted to Shawnee Gardens Nursing Center and because the guardian, Kevin Harris, instructed the nursing home not to let me visit my dad, I was escorted out of die center. I must tell you, the ruling of June 14, 2002 when Kevin Harris was named guardian and Dennis Harris was named conservator greatly disappointed me. My sister and I asked for a third party in both capacities. Even though this decision disappointed me and I believe devastated my father, I had to comply with the ruling. The accounting should be filed as ordered by Judge Bruner and as stipulated by the laws of Kansas. My feeling is that the Court named Dennis Harris as the conservator so now the Court should hold him accountable to the responsibilities he asked for and willingly accepted.
T would also like you to know that I recall while I was in your courtroom on January 23, 2003,1 heard you tell the guardian, Kevin Harris, to make his sisters aware of their father’s condition. You should know that my sister and I were not notified when our father received ten or more stitches in his head due to a fall, when he was moved to the Alzheimer’s unit at Shawnee Gardens, and when hospice care was required. My sister received a letter from the guardian informing her of the death of Ray Harris. Sadly, the letter arrived [534]*534the same day a Mass in his honor was held. My father deserved to have all five of his children there as well as my son, his grandson. I simply do not understand how all of this could have happened. Judge Bruner said on June 14, 2002, “Kevin Harris has now become an independent legal guardian, but with responsibilities to his sisters to assure that the loving relationship between his father and his sisters and Mr. Raymond Harris’s daughters will be protected by the Court as you are well aware.” He went on to say, “You should provide for their ability to see Ray. It is your obligation.” Nothing will bring back my dad or the time I would have like to have spent with him, to ease his pain or comfort him. So, for me, the worst has happened, my dad died a lonely, agonizing death without his children with him.
T believe both the conservator and the guardian disregarded Judge Bruner’s ruling, K.S.A. 59-1021 and 59-3018 and your instructions on January 23,2003. I am asking for your help in rectifying the situation in any way possible. I appreciate your time and consideration.
‘As a personal favor, I would appreciate it if my address could be redacted should this letter need to be part of the public file.’
“7. On October 4, 2004, the Respondent filed suit against Ms. Blenis and her attorney, Jean Ann Uvodich. The Respondent alleged that Ms. Blenis defamed the Respondent. The Respondent also alleged that Ms. Blenis and Ms. Uvodich engaged in malicious prosecution. Later, the Respondent filed an Amended Petition and alleged that Ms. Uvodich also defamed the Respondent.
“8. Ms. Uvodich contacted her professional negligence carrier and reported the suit filed by the Respondent. Thereafter, Robert J. Luder and Kim J. Poirier entered their appearance in behalf of Ms. Uvodich.
“9. Ms. Uvodich answered the Petition and the Amended Petition and denied the allegations. Additionally, Ms. Uvodich asserted that the Respondent’s allegations are frivolous, represent an abuse of process, and should be dismissed. The Respondent attempted to achieve service on Ms. Blenis by serving Ms. Uvodich. However, Ms. Uvodich’s scope of representation did not extend to all representation of Ms. Blenis.
“10. On December 20,2004, counsel for Ms. Uvodich served the Respondent with her opening interrogatories and her first request for production of documents. The Respondent failed to timely answer the discovery requests.

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In re Harris, 186 P.3d 737, 286 Kan. 532, 2008 Kan. LEXIS 334 (kan 2008).

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