Narrative Opinion Summary
In this disciplinary proceeding, an attorney was sanctioned with a thirty-day suspension probated for three years due to violations of Supreme Court Rules concerning competent representation, conduct disruptive to a tribunal, and criminal acts adversely reflecting on his fitness as a lawyer. These violations stemmed from incidents of the attorney appearing intoxicated in court and a history of alcohol-related offenses, including two arrests in 2009. The Kentucky Bar Association endorsed the negotiated discipline under SCR 3.480(2), drawing on precedent from a similar case involving alcohol-related misconduct. As part of his sanction, the attorney is mandated to participate in the Kentucky Lawyer Assistance Program, adhere to its monitoring terms, avoid further disciplinary issues, and abstain from additional criminal conduct. Compliance with these terms is essential to avoid enforcement of the suspension. Additionally, the attorney is required to cover costs amounting to $46.70. This decision, concurred by all justices, was finalized on February 21, 2013.
Legal Issues Addressed
Competent Representation under Supreme Court Rulessubscribe to see similar legal issues
Application: The attorney violated the rule by representing clients while intoxicated, which undermines the requirement for competent representation.
Reasoning: Wright acknowledges his violations, which include representing clients while intoxicated and engaging in disruptive conduct in court.
Conduct Disruptive to a Tribunalsubscribe to see similar legal issues
Application: The attorney's appearance in court while intoxicated constituted conduct disruptive to the tribunal, a violation of professional conduct rules.
Reasoning: Wright acknowledges his violations, which include representing clients while intoxicated and engaging in disruptive conduct in court.
Criminal Acts Reflecting Adversely on Fitness as a Lawyersubscribe to see similar legal issues
Application: The attorney's history of alcohol-related offenses, including a contempt ruling and arrests, was deemed criminal conduct adversely reflecting on his fitness as a lawyer.
Reasoning: Wright, admitted to the Kentucky bar on October 2, 1995, has a history of alcohol-related offenses, including a contempt ruling for appearing intoxicated in court and two arrests for alcohol-related charges in 2009.
Disciplinary Sanctions under SCR 3.480(2)subscribe to see similar legal issues
Application: The negotiated discipline of a thirty-day suspension probated for three years was supported by the Kentucky Bar Association and found appropriate by the court.
Reasoning: The Kentucky Bar Association (KBA) supports this negotiated discipline, which was established under SCR 3.480(2).
Participation in Lawyer Assistance Programssubscribe to see similar legal issues
Application: As part of the disciplinary measures, the attorney is required to participate in the Kentucky Lawyer Assistance Program and comply with its terms.
Reasoning: As part of his sanction, he is required to participate in the Kentucky Lawyer Assistance Program (KYLAP) and must comply with its monitoring terms.