In re Johanning

111 P.3d 1061, 279 Kan. 950
CourtSupreme Court of Kansas
DecidedJune 3, 2005
DocketNo. 94,086
StatusPublished
Cited by3 cases

This text of 111 P.3d 1061 (In re Johanning) 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 Johanning, 111 P.3d 1061, 279 Kan. 950 (kan 2005).

Opinion

Per Curiam:

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against respondent Marlin E. Johanning of Atchison, an attorney admitted to the practice of law in Kansas.

The complaint filed against the respondent Johanning, alleged the respondent violated KRPC 1.1 (2004 Kan. Ct. R. Annot. 342) (competence); KRPC 1.3 (2004 Kan. Ct. R. Annot. 354) (diligence); KRPC 1.4 (2004 Kan. Ct. R. Annot. 367) (communication); and KRPC 3.2 (2004 Kan. Ct. R. Annot. 440) (expediting litigation).

A disciplinary panel of the Kansas Board for Discipline of Attorneys conducted formal hearings, as required by Kansas Supreme Court Rule 211 (2004 Kan. Ct. R. Annot. 275).

Based upon clear and convincing evidence, a unanimous hearing panel made the following findings of fact:

“Complaint of Robert Grimmig — DA9034
“2. In November, 1988, E.M.G. was bom to Victoria L. Hunt and Robert Grimmig. On February 28,1990, Mr. Grimmig was arrested. He has been incarcerated continuously since that time.
“3. Later, Ms. Hunt and Ross D. Blanc married. Then, on February 8, 2002, Mr. Blanc filed a step-parent petition for adoption of E.M.G. Mrs. Hunt Blanc consented to the adoption by her husband. Mr. Grimmig did not consent to the adoption.
“4. The Court scheduled a hearing on Mr. Blanc’s petition for March 15, 2002.
“5. On March 4, 2002, Mr. Grimmig filed an answer to the petition, an objection to the adoption, and an objection to changing the child’s name.
[951]*951“6. On March 15, 2002, the Court appointed the Respondent to represent Mr. Grimmig and rescheduled the hearing for March 27, 2002.
“7. On March 27, 2002, the Court held a hearing on the petition for adoption. Mr. Grimmig appeared with the Respondent. At the conclusion of the hearing, the Court granted the petition for adoption because Mr. Grimmig failed to assume the duties of a parent for over two consecutive years immediately prior to the filing of the petition.
“8. On April 8, 2002, the Respondent filed a timely notice of appeal in behalf of Mr. Grimmig.
“9. The Respondent did not file a motion for appointment of appellate counsel nor did the Respondent withdraw as counsel of record in the adoption case.
“10. The Respondent failed to file a docketing statement, as required by the Kansas Supreme Court Rules.
“11. On August 20, 2002, Mr. Grimmig made a request for appointment of appellate counsel. The Court appointed the Respondent to represent Mr. Grimmig in the pending appeal.
“12. After the Court appointed the Respondent, the Respondent faded to file a docketing statement as required by the Kansas Supreme Court Rules.
“13. One year later, on August 20, 2003, the Respondent filed a motion to docket appeal out of time. On August 26, 2003, the Kansas Court of Appeals denied the Respondent’s motion to docket the appeal out of time.
“14. The Respondent filed a motion to reconsider. The Court denied the Respondent’s motion to reconsider. In its order, the Court stated:
‘On August 26, 2003, this court issued an order denying the appellant’s motion to docket his appeal out of time. The appellant has filed a motion to reconsider this order. The motion is denied. The record available to this court shows a delay of some three months between the filing of the notice of appeal and the filing of a request for appointment of counsel. No explanation is offered that would constitute exigent circumstances for the delay in requesting appellate counsel or for the lengthy delay between the request for appellate counsel and the subsequent attempt to docket the appeal. The court reiterates its concern about the need for finality in matters of placement of and parental responsibility for a child.’
“Complaint of David W. Chapman — DA9064
“15. In 2001, David W. Chapman was convicted of a felony crime in the District Court of Atchison County, Kansas, in case number 01CR58, and sentenced to prison.
“16. On May 11, 2001, trial counsel filed a notice of appeal in Mr. Chapman’s case.
“17. On May 22, 2001, the Appellate Defender’s Office was notified that it had been appointed to represent Mr. Chapman in the appeal. On June 25, 2001, the Appellate Defender’s Office filed a motion to docket appeal out of time. On July 11, 2001, the Kansas Court of Appeals granted the motion.
[952]*952“18. The Appellate Defender’s Office prepared a brief in behalf of Mr. Chapman. On March 11, 2002, the Appellate Defender’s Office filed the brief. After reviewing the brief filed in his behalf, Mr. Chapman contacted the Appellate Defender’s Office, expressed his dissatisfaction with the brief, and demanded that the brief be corrected and expanded. On May 7, 2002, the Appellate Defender’s Office filed a motion for permission to withdraw as appellate counsel. The Court allowed the Appellate Defender’s Office to withdraw on May 20, '2002.
“19. On May 20, 2002, and again on July 8, 2002, the Court directed Mr. Chapman to respond to the order or ‘the case [will be] set on the next available no argument docket.’
“20. On July 18, 2002, Mr. Chapman responded to the Court’s order by filing a motion to stay the appeal, a motion for the appointment of counsel, and a motion that additional facts and issues be included in the appeal.
“21. On July 30, 2002, the Court stayed the appeal, pending the appointment of counsel. On August 8, 2002, the Court appointed the Respondent to represent Mr. Chapman. The Court directed that the Respondent review the record and notify the Court whether further briefing would be required by September 3, 2002.
“22. Rather than notifying the Court whether further briefing would be required by September 3, 2002, the Respondent merely entered his appearance.
“23. On September 18, 2002, Mr. Chapman notified the Court that he had not heard from the Respondent. Mr. Chapman requested that the appeal be stayed until additional facts and issues could be presented to the Court.
“24. On October 4, 2002, the Court issued an order regarding status of the appeal. In its order, the Court stated:
‘Appellant’s motion to stay the above-captioned case along with his motion for investigation, de-novo review, appointment of new counsel and motion to force the State to supply a copy of their brief, are denied.
‘The Court notes that in its order dated July 30, 2002, granting Appellant’s motion for stay of the appeal pending appointment of new counsel, the Court ordered newly appointed appellate counsel to notify this court, within 20 days of appointment, whether additional briefing was required. The records on file with the Clerk of the Appellate Court shows Marlin Johanning was appointed to represent Appellant on August 8,2002.

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Related

Board of Professional Responsibility, Wyoming State Bar
2015 WY 59 (Wyoming Supreme Court, 2015)
In Re Johanning
254 P.3d 545 (Supreme Court of Kansas, 2011)
In the Matter of Johanning
199 P.3d 1251 (Supreme Court of Kansas, 2008)

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Bluebook (online)
111 P.3d 1061, 279 Kan. 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-johanning-kan-2005.