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In re Mitchell

Citations: 285 Kan. 825; 176 P.3d 174; 2008 Kan. LEXIS 21Docket: No. 94,803

Court: Supreme Court of Kansas; February 3, 2008; Kansas; State Supreme Court

Narrative Opinion Summary

On December 9, 2005, Amy R. Mitchell was suspended from practicing law in Kansas for one year, with the suspension stayed, and was placed on two years of supervised probation under specific conditions recommended by a hearing panel. On January 22, 2008, she filed a motion for discharge from probation, supported by affidavits from herself and her supervising attorney, evidencing compliance with all probation conditions. The Disciplinary Administrator confirmed her full compliance and recommended her discharge from probation. After reviewing the motion and accompanying documents, the court ordered her discharge from probation, closing the matter, and stated that the order would be published in the Kansas Reports, with costs assessed to Mitchell.

Legal Issues Addressed

Attorney Suspension and Probation Oversight

Application: The court suspended an attorney from practice but stayed the suspension, placing her on supervised probation with specific conditions.

Reasoning: On December 9, 2005, Amy R. Mitchell was suspended from practicing law in Kansas for one year, with the suspension stayed, and was placed on two years of supervised probation under specific conditions recommended by a hearing panel.

Court's Authority to Discharge from Probation

Application: The court has the authority to review a motion and supporting documents to discharge an attorney from probation, as well as to close the matter officially.

Reasoning: After reviewing the motion and accompanying documents, the court ordered her discharge from probation, closing the matter, and stated that the order would be published in the Kansas Reports, with costs assessed to Mitchell.

Motion for Discharge from Probation

Application: An attorney filed a motion for discharge from probation after demonstrating compliance with all probation conditions through affidavits.

Reasoning: On January 22, 2008, she filed a motion for discharge from probation, supported by affidavits from herself and her supervising attorney, evidencing compliance with all probation conditions.

Role of Disciplinary Administrator in Probation Compliance

Application: The Disciplinary Administrator plays a role in verifying compliance with probation conditions and can recommend discharge from probation.

Reasoning: The Disciplinary Administrator confirmed her full compliance and recommended her discharge from probation.