In re Lucas

132 P.3d 914, 281 Kan. 692, 2006 Kan. LEXIS 228
CourtSupreme Court of Kansas
DecidedApril 28, 2006
DocketNo. 95,452
StatusPublished
Cited by1 cases

This text of 132 P.3d 914 (In re Lucas) 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 Lucas, 132 P.3d 914, 281 Kan. 692, 2006 Kan. LEXIS 228 (kan 2006).

Opinion

Per Curiam:

This is an original uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Christopher E. Lucas. At the time of the September 8, 2005, disciplinaiy hearing, the respondent was residing in the Winfield Correctional Facility, in Winfield, Kansas. He was admitted to the practice of law in the state of Kansas in 1993. On July 14, 2000, the Kansas Supreme Court suspended his license to practice law for 2 years. See In re Lucas, 269 Kan. 785, 7 P.3d 1186 (2000).

The formal complaint filed against the respondent alleged violations of KRPC 8.4(b) and (c) (2005 Kan. Ct. R. Annot. 504) (misconduct). A panel of the Kansas Board for Discipline of Attorneys conducted a formal hearing on September 8, 2005, and later prepared a report containing its findings of fact, conclusions of law, and recommendations for discipline. The respondent filed no exceptions to the hearing panel’s report. We adopt the panel’s findings, conclusions, and recommendations.

SUMMARY OF FACTS

Panel’s uncontested facts

On March 24, 2005, the respondent entered a guilty plea to two felony crimes in the District Court of Johnson County, Kansas. In case number 03CR2028, he entered a guilty plea to two counts of forgery, severity level 8 felonies. In case number 04CR758, he entered a guilty plea to theft, a severity level 7 felony. On July 8, 2005, the district court sentenced the respondent to 8 months in [693]*693prison on each count, to run concurrently. He began serving his sentence in the Winfield Correctional Facility.

Additional facts regarding notice

On September 8, 2005, the respondent participated in the formal hearing by telephone from the Winfield Correctional Facility. On October 28, 2005, an agent for the correctional facility signed a certified mail receipt accepting a copy of the final hearing report, a citation informing the respondent of his right to file exceptions to the report within 20 days with the Clerk of the Supreme Court, and a docketing notice informing him that his case would be heard by the Supreme Court on February 1, 2006.

On December 12, 2005, an agent for the correctional facility signed a certified mail receipt accepting a letter dated December 8 from the Clerk of the Supreme Court reminding the respondent that his case would be heard by the Supreme Court on February 1, 2006, at 9 a.m. It informed him of the requirement to appear before the court no later than 8:45 a.m. that day even if no exceptions had been taken to the final hearing report, but acknowledged that the attendance requirement would be waived if he remained incarcerated on February 1.

On January 30, 2006, the respondent was released from the correctional facility. He did not appear before this court on February 1 and provided no information regarding his absence.

PANEL’S CONCLUSIONS OF LAW

Based upon the findings of fact, the hearing panel concluded, as a matter of law, that the respondent violated KRPC 8.4, as detailed below.

KRPC 8.4(b)

“It is professional misconduct for a lawyer to . . . commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.” KRPC 8.4(b). In this case, the respondent admitted he committed criminal acts, specifically, two counts of forgery and one count of theft. Forgery and theft are crimes of dishonesty. Accordingly, the hearing panel [694]*694concluded that the respondent committed criminal acts and those criminal acts reflect directly on the respondent’s honesty and trustworthiness, in violation of KRPC 8.4(b).

KRPC 8.4(c)

“It is professional misconduct for a lawyer to . . . engage in conduct involving dishonesty, fraud, deceit or misrepresentation.” KRPC 8.4(c). The respondent engaged in conduct that involved dishonesty when he committed the crimes of forgeiy and theft. As such, the hearing panel concluded that the respondent violated KRPC 8.4(c).

PANEL’S RECOMMENDATION

In making its recommendation for discipline, the panel considered factors outlined by the American Bar Association in its Standards for Imposing Lawyer Sanctions. Pursuant to Standard 3, the factors to be considered are the duties 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.

On the subjects of Duties Violated and Mental State, the respondent intentionally violated his duty to maintain personal integrity.

On the subject of Injury, as a result of the respondent’s misconduct, he caused actual injury to the legal profession.

On the subject of Aggravating Factors, several were present. Regarding Prior Disciplinary Offenses, tire respondent has been previously disciplined on two occasions. On July 14,2000, the Kansas Supreme Court suspended his license to practice law in the state of Kansas for a period of 2 years. In that case, the Supreme Court concluded that the respondent violated KRPC 1.15 and KRPC 8.4(c) for converting funds from his law firm to his personal use. See In re Lucas, 269 Kan. 785.

While the respondent remained under the 2-year suspension, he engaged in additional misconduct. Thereafter, on May 31, 2002, the Kansas Supreme Court concluded that he violated KRPC 5.5 (2005 Kan. Ct. R. Annot. 488) and KRPC 8.4(c). Based on these violations, the court added the requirement that prior to reinstate[695]*695ment, the respondent comply with Kansas Supreme Court Rule 219 (Kan. Ct. R. Annot. 327) and undergo a reinstatement hearing. See In re Lucas, 273 Kan. 1010, 46 P.3d 558 (2002).

In regard to Dishonest or Selfish Motive, dishonesty and selfishness are necessary factors of forgery and theft. Therefore, the hearing panel concluded that the respondent’s conduct was motivated by dishonesty and selfishness.

Regarding a Pattern of Misconduct, the respondent has engaged in a pattern of misconduct that began in 1995. During that time, he has repeatedly engaged in conduct that involves dishonesty and misrepresentations. First, he stole money from his law partners. Second, he provided false information to the Leawood Municipal Court regarding his status as an attorney. Finally, he committed the felony offenses of forgery and theft. The hearing panel found the respondent’s pattern of misconduct troubling.

Regarding Illegal Conduct, the respondent engaged in illegal conduct when he committed the crimes of forgery and theft.

Mitigating circumstances were also present. In regard to the Imposition of Other Penalties or Sanctions, other penalties and sanctions have been imposed against the respondent. Specifically, following his conviction, he was remanded to custody to serve a prison sentence.

Regarding Remorse, typically, remorse is considered a factor in mitigation when it is presented at the hearing on the formal complaint. Because the respondent appeared by telephone and the circumstances of his participation were unusual, it was difficult for the hearing panel to make any conclusions regarding his remorse.

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172 P.3d 31 (Supreme Court of Kansas, 2007)

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Bluebook (online)
132 P.3d 914, 281 Kan. 692, 2006 Kan. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lucas-kan-2006.