Get above the noise
Log in for answers tailored to you — saved chats, your topics, and the full IJR suite.
Judge, Kentucky Supreme Court · Born 1952
KENTUCKY BAR ASS'N v. Glidewell
Kentucky Supreme Court · 2011-08-25 · cited 6×
The case concerned disciplinary proceedings against attorney Luann Glidewell for alleged violations of the Kentucky Rules of Professional Conduct. In one matter, Glidewell filed an attorney's lien on property after withdrawing from representing a client in a divorce and refused to remove it despite requests, leading to findings that she violated rules against burdening third persons and engaging in criminal conduct by filing an illegal lien under KRS 434.155. In two other matters, she failed to respond to bar complaints and inquiries despite personal service and reminders, resulting in violations of the rule requiring cooperation with disciplinary authorities. The trial commissioner found all violations by a preponderance of the evidence and recommended a three-year suspension, which the court adopted after consolidating the charges and holding a hearing at which Glidewell did not appear.
criminal lawprocedure
KENTUCKY BAR ASS'N v. Mitchell
Kentucky Supreme Court · 2011-08-25
The case concerned disciplinary charges against Kentucky attorney William A. Mitchell for his representation in two separate probate matters. In the first, Mitchell was hired to settle an estate valued at about $150,000 but failed to proceed diligently, communicate adequately, or charge a reasonable fee, and he later agreed to repay most of the fee while attempting to have the bar complaint withdrawn. In the second, Mitchell as executor performed little work on another estate, paid himself $17,500 without completing the matter, and did not respond to inquiries. After Mitchell defaulted on the formal charges alleging violations of multiple Rules of Professional Conduct, the Board of Governors found him guilty on all counts and recommended a one-year suspension plus restitution and other conditions. The Kentucky Supreme Court adopted the Board's recommendation in full, imposing a concurrent one-year suspension, restitution of $17,500, referral to KYLAP, and related requirements.
procedureproperty
Inquiry Commission v. Orr
Kentucky Supreme Court · 2011-04-21 · cited 2×
The case involved the Kentucky Bar Association's Inquiry Commission petitioning for the temporary suspension of attorney Jimmie Green Orr, Jr., from practicing law and restricting his access to client funds, based on allegations from two disciplinary files. In one matter, Orr was accused of misappropriating over $58,000 from client Bethel Slone by fabricating a loan to a nonexistent borrower, falsifying notarized affidavits about a stock sale, and lying to Bar Counsel about the events for months before admitting the misconduct; in the other, he was found to have filed falsified credit counseling certificates in bankruptcy court. Orr did not contest the material allegations. The court granted the petition under SCR 3.165(1)(a) and (b), finding probable cause that Orr had misappropriated client funds and posed a substantial threat of harm to clients or the public, and it imposed the requested suspension and escrow restrictions effective immediately.
criminal lawprocedure
Inquiry Commission v. Friedman
Kentucky Supreme Court · 2010-08-26 · cited 4×
The case involved the Kentucky Bar Association's Inquiry Commission petitioning the court to temporarily suspend attorney David Alan Friedman from practicing law after two clients alleged that he converted tens of thousands of dollars from a lawsuit award meant for them and made repeated misrepresentations about the status of the funds. The court granted the petition for temporary suspension, along with a motion to supplement it with additional evidence of similar alleged misconduct. It found probable cause under SCR 3.165(1)(b) that Friedman's conduct posed a substantial threat of harm to clients or the public, based on details of the delayed payments, false statements, and his admission that he had spent the money on personal obligations before eventually repaying it after complaints were filed.
criminal lawprocedure
Finn v. Commonwealth
Kentucky Supreme Court · 2010-05-20
The case involved Harry Finn, who was convicted of possession of cocaine after police found microscopic traces of the drug on a pen casing and glass pipe during a traffic stop; Finn admitted to using the items to ingest cocaine but argued that the immeasurable quantity was insufficient for conviction. The Kentucky Supreme Court affirmed the conviction, holding that state law permits a guilty verdict for possession of a controlled substance even when the amount is too small to be seen by the naked eye. The court reasoned that Kentucky statutes criminalize possession of any quantity of a controlled substance and that prior precedent had rejected any requirement for a usable amount. It further noted that other evidence, such as Finn's admissions and positive drug test, sufficiently established his knowing possession.
criminal law
LANGERAK v. Kentucky Bar Association
Kentucky Supreme Court · 2009-10-01
Julia Belle Langerak was admitted to the Kentucky bar in 2007 and later suspended for non-payment of dues during the 2008-2009 fiscal year, with no disciplinary matters pending. She filed an application for restoration within one year, paid all required fees and dues, and maintained compliance with continuing legal education requirements. The Board of Governors unanimously recommended restoration, and the court adopted that recommendation, ordering her restored to practice subject to payment of proceeding costs, any additional dues, and timely completion of future CLE obligations if the process extended beyond June 2010.
procedure