In re Wiles

210 P.3d 613, 289 Kan. 201, 2009 Kan. LEXIS 207
CourtSupreme Court of Kansas
DecidedJuly 2, 2009
DocketNo. 101,413
StatusPublished
Cited by3 cases

This text of 210 P.3d 613 (In re Wiles) 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 Wiles, 210 P.3d 613, 289 Kan. 201, 2009 Kan. LEXIS 207 (kan 2009).

Opinion

Per Curiam:

This is an original contested proceeding in discipline filed by the office of the Disciplinary Administrator against Stanley L. Wiles of Kansas City, Missouri, an attorney admitted to the practice of law in Kansas in 1985. Wiles’ Kansas license was indefinitely suspended by this court in February 2007 and remains suspended. See In re Wiles, 283 Kan. 173, 150 P.3d 859 (2007).

With regard to the present case, a formal complaint was filed on January 4, 2008, and, on June 24, 2008, an evidentiary hearing was held before a hearing panel of the Kansas Board for Discipline of Attorneys. After considering the testimony and other evidence presented at the hearing, the hearing panel concluded that Wiles violated four of the Kansas Rules of Professional Conduct (KRPC):

KRPC 1.4(b) (2008 Kan. Ct. R. Annot. 432) (communication);
KRPC 3.4(c) (2008 Kan. Ct. R. Annot. 538) (fairness to opposing party and counsel);
KRPC 5.5(a) (2008 Kan. Ct. R. Annot. 565) (unauthorized practice of law); and KRPC 8.4(g) (2008 Kan. Ct. R. Annot. 586) (misconduct).

Based on these violations and considering various aggravating and mitigating circumstances, the hearing panel unanimously recommended that Wiles be disbarred.

Before the panel and now before this court, Wiles maintains that he neither acted unethically nor engaged in the unauthorized practice of law. Before us, pursuant to Supreme Court Rule 212 (2008 Kan. Ct. R. Annot. 327), Wiles filed exceptions to the hearing panel’s findings and subsequently filed a brief with this court. We [202]*202have organized the arguments raised in Wiles’ brief into four issues. In the first three issues, he argues that the record does not support the panel’s findings regarding each of the three informal complaints that formed the basis for the Disciplinary Administrator’s action, i.e., DA9874 (McKinney), DA10051 (Dorsey), and DA10206 (Dace). Finally, he argues that disbarment is inappropriate.

Before addressing the merits of the issues raised in Wiles’ brief, we also note that at oral argument Wiles generally disparaged the disciplinary process, the hearing, and die hearing panel’s conclusions. Related to some of these allegations, after the hearing panel issued its final report and Wiles submitted his brief to this court, Wiles filed a motion seeking discovery, including the deposition of the Disciplinary Administrator. Through the motion, Wiles attempted to discover the identity of individuals who were present during his disciplinary hearing and to determine if the Disciplinary Administrator had any communications regarding the informal complaints made against Wiles. We denied the discovery requests. At oral argument, Wiles renewed his complaint that discovery had been denied.

Regarding Wiles’ request for discovery, Supreme Court Rule 216 (2008 Kan. Ct. R. Annot. 340) provides procedures for discovery in attorney discipline cases. The rule allows depositions only in limited circumstances, none of which applies in this case. See Supreme Court Rule 216(f); Internal Operating Rules of the Kansas Board for Discipline of Attorneys, Rule D.4 (2008 Kan. Ct. R. Annot. 385). Wiles failed to provide exceptional circumstances warranting the discovery deposition.

As to Wiles’ other complaints about the process, Wiles failed to object to the jurisdiction or the composition of the hearing panel. In fact, he failed to raise any objection to any aspect of the panel hearing until after he filed his exceptions to the final report and his brief before this court. Supreme Court Rule 212 provides that the report and any findings or recommendations in the report are deemed admitted if timely exception is not made. Moreover, under the Internal Operating Rules of the Kansas Board for Discipline of Attorneys, Rule D.l, all questions relating to procedure or ju[203]*203risdiction and objections to the composition of the hearing panel must be made by a motion in writing at least 10 days before the hearing. Wiles failed to do so. See In re Seck, 258 Kan. 530, 533-34, 905 P.2d 122 (1995) (referencing Internal Operating Rule D.l).

We note also that Wiles has not cited a meritorious due process concern. He certainly has not demonstrated prejudice as the result of his hearing being public, has not come forward with anything other than rank speculation regarding communications about the informal complaints, and otherwise has failed to show that the panel failed to properly conduct the hearing. In summary, Wiles’ objections to the disciplinary process are untimely, without support, and lack merit. We, therefore, turn to his substantive arguments.

Standard of Review

In disciplinary proceedings, this court considers the evidence, the findings of the hearing panel, and the arguments of the parties and determines whether violations of the KRPC exist and, if they do, what discipline should be imposed on the respondent. In re McPherson, 287 Kan. 434, 440-41, 196 P.3d 921 (2008); In re Lober, 276 Kan. 633, 636, 78 P.3d 442 (2003). Any attorney misconduct must be established by clear and convincing evidence. In re Nelson, 288 Kan. 179, 183, 200 P.3d 1262 (2009); Supreme Court Rule 211(f) (2008 Kan. Ct. R. Annot. 313) (misconduct to be established by clear and convincing evidence). The touchstone of the clear and convincing standard is that the evidence must establish that the truth of the facts asserted is “highly probable.” In re B.D.-Y., 286 Kan. 686, Syl. ¶ 3, 187 P.3d 594 (2008). In making this determination, the appellate court does not weigh conflicting evidence, pass on credibility of witnesses, or redetermine questions of fact. 286 Kan. at 699.

We apply these standards to the facts and violations found by the hearing panel, which related to three informal complaints submitted to the Disciplinary Administrator by clients or opposing counsel, specifically complaints related to Wiles’ representation of clients Tyrone McKinney (DA9874), Jennifer Dorsey (DA10051), and Adresie Dace (DA10206).

[204]*204DA9874 — Complaint of McKinney

The final hearing report contained the following findings of fact with respect to Wiles’ representation of Tyrone McKinney:

“8. On November 8, 2005, following the Missouri Supreme Court’s suspension of the Respondent’s license to practice law in the State of Missouri, the Respondent wrote a letter to the Kansas City Area Transport Authority (‘KCATA’). The Respondent’s letterhead stated, ‘Licensed in Missouri and Kansas.’
“9. In the letter, the Respondent advised the KCATA that he
‘. . . represents Mr. Tyrone McKinney for the purpose of settlement or litigation of Mr. McKinney’s claim for personal injuries concerning a [sic] incident on one of your busses, that occurred on or about October 27, 2005 at or near 12th and Wyandotte in Kansas City, Missouri . . .
1 understand that GAB Robins is your Insurance Company.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Holmes
520 P.3d 1271 (Supreme Court of Kansas, 2022)
Kentucky Bar Ass'n v. Blum
404 S.W.3d 841 (Kentucky Supreme Court, 2013)
In re Collins
288 P.3d 847 (Supreme Court of Kansas, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
210 P.3d 613, 289 Kan. 201, 2009 Kan. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wiles-kan-2009.