Robert Brian Ousley v. Kentucky Bar Association

• Court: Kentucky Supreme Court
• Decided: August 22, 2023
• Docket: 2023 SC 0186
• Status: Unknown

Opinion

TO BE PUBLISHED

Supreme Court of Kentucky 2023-SC-0186-KB

ROBERT BRIAN OUSLEY MOVANT

V. IN SUPREME COURT

KENTUCKY BAR ASSOCIATION RESPONDENT

OPINION AND ORDER

Robert Brian Ousley moved this Court to impose a negotiated five-year

suspension from the practice of law, to be applied retroactively to October 28,

2021, with conditions. The Kentucky Bar Association does not object to

Ousley’s motion. We grant the motion for negotiated sanction.

Ousley was admitted to the practice of law in 2006. His bar roster

address is 653 Constanza Drive, Henderson, KY 42420. Pertinent to the

present matter, Ousley was charged with first-degree burglary, a Class B

felony, in Henderson Circuit Court on February 19, 2019. He pleaded guilty

pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to an amended charge

of second-degree burglary, a Class C felony. On October 29, 2021, he was

automatically suspended from the practice of law under SCR1 3.166 following

his felony conviction.

1 Rules of the Supreme Court. The Inquiry Commission subsequently charged Ousley with violating

SCR 3.130(8.4), which provides, “[i]t 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.” Ousley admits he

violated this ethical rule.

Ousley requests this Court to impose a five-year suspension, applied

retroactively to October 28, 2021, the date of his automatic suspension. This

negotiated sanction is conditioned on: (1) his participation in KYLAP on such

terms and conditions as set by KYLAP; (2) his assurance that quarterly KYLAP

compliance reports are provided to the Office of Bar Counsel (OBC) during the

three-year KYLAP contract term; and (3) his receiving no new criminal charges

or disciplinary charges during the period of suspension. Ousley acknowledges

that should he violate any of these conditions, the OBC may seek to revoke the

suspension and move for permanent disbarment.

SCR 3.480(2) authorizes this Court to “consider negotiated sanctions of

disciplinary investigations, complaints or charges prior to the commencement

of a hearing before a Trial Commissioner under SCR 3.240.” For the purpose

of this rule, the parties agree to a negotiated sanction when “the member and

Bar Counsel agree upon the specifics of the facts, the rules violated, and the

appropriate sanction.” Id. This “Court may approve the sanction agreed to by

the parties, or may remand the case for hearing or other proceedings specified

in the order of remand.” Id. “Thus, acceptance of the proposed negotiated

2 sanction still falls within the discretion of the Court.” Tejeda v. Kentucky Bar

Ass’n, 456 S.W.3d 405, 406 (Ky. 2015).

The proposed sanction falls within the bounds established by our

precedents. In Adams v. Kentucky Bar Ass’n, 626 S.W.3d 659 (Ky. 2021), we

accepted a negotiated sanction of a three-year suspension, with conditions,

where an attorney admitted violating the rules of professional conduct following

her conviction of an amended charge of third-degree burglary. In a separate

and subsequent action, the attorney was also convicted of operating a motor

vehicle under the influence of alcohol or drugs, fourth offense within ten years.

Id. at 660. In accepting the negotiated sanction, we considered Kentucky

precedent, the attorney’s lack of prior disciplinary record, and her commitment

to maintaining her sobriety. Id.

In contrast to Adams, we are cognizant that Ousley has committed other

criminal actions before and after the events giving rise to the present

proceeding. He has candidly disclosed his other convictions and disciplinary

history. In February 2019, Ousley pleaded guilty to the misdemeanor offense

of carrying a handgun without a license in Vanderburgh County, Indiana. In

June 2021, he pleaded guilty to another misdemeanor offense in Indiana—

operating a vehicle while intoxicated (OWI), endangering a person. In October

2021, Ousley violated his probation in the Indiana OWI case by testing positive

for methamphetamine. He also received three private admonitions in

September 2019 and one 30-day suspension in January 2022. Ousley stated

that his criminal activity and ethical violations resulted from a severe

3 substance abuse problem. We conclude the negotiated sanction in the present

matter properly accounts for Ousley’s history through the recommendation of a

longer period of suspension than the one imposed in Adams.

Similar to Adams, Ousley has been cooperative throughout the

disciplinary process and exhibited a commitment to maintaining sobriety. In

August 2022, Ousley completed an inpatient substance abuse treatment

program. He also signed a KYLAP agreement in December 2022 for a term of

three years. As part of this agreement, Ousley agreed to undergo a drug test,

which he passed. Ousley has been sober for two years following his probation

violation for methamphetamine use. We further note the negotiated sanction

in this matter was reviewed and approved by the Chair of the Inquiry

Commission and a Past President of the KBA. After reviewing the allegations,

Ousley’s previous disciplinary and criminal record, and the caselaw cited by

the KBA, we conclude the negotiated sanction is appropriate.

Therefore, because the KBA and Ousley have agreed to the five-year

suspension with conditions, the Court orders:

1. Robert Brian Ousley’s Motion for Negotiated Sanction is hereby

granted pursuant to SCR 3.480(2).

2. Ousley is adjudged guilty of the above-described and admitted

violation of SCR 3.130(8.4)(b).

3. Ousley is suspended from the practice of law for five years—

retroactive to October 28, 2021, with such suspension conditioned

on his participation in KYLAP on such terms and conditions as set

4 by KYLAP; provision of quarterly compliance reports to the OBC;

and that he receive no new criminal charges during the period of

suspension.

4. Should Ousley violate any of the foregoing conditions during the

period of suspension, OBC may seek to revoke the suspension and

move for permanent disbarment.

5. Pursuant to SCR 3.450, Ousley is directed to pay all costs

associated with this disciplinary proceeding against him, said sum

being $256.40, for which execution may issue from this Court

upon finality of this Opinion and Order.

All sitting. All concur.

ENTERED: August 24, 2023.

______________________________________ CHIEF JUSTICE