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Ky. Bar Ass'n v. Butler
Citation: 567 S.W.3d 563Docket: 2018-SC-000149-KB
Court: Missouri Court of Appeals; August 16, 2018; Missouri; State Appellate Court
The Board of Governors recommended a 30-day suspension for Bar Member Jason Thomas Butler for violating SCR 3.130 (3.4)(c) by failing to provide medical records related to a client complaint against him. The suspension would be waived if Butler produced the records. The Office of Bar Counsel accepted the finding of guilt but contended that the waiver provision lacks clarity and a deadline, making it unenforceable under Supreme Court Rules. They emphasized the necessity of a specific compliance deadline as part of due process. Although the issue of the waiver is moot, it was noted that a reasonable time would be assumed for compliance. Butler has not submitted the required medical records since July 2016, after previously failing to respond to a client complaint, which resulted in a Private Admonition with conditions. The Inquiry Commission's withdrawal of the admonition led to the current charges in February 2017. Despite multiple requests for the medical records, Butler has not complied, leading to the conclusion that the 30-day suspension is warranted. Additionally, Butler had been suspended for nonpayment of dues in January 2017 and has repeatedly ignored charges and requests related to his medical documentation. Jason Thomas Butler has been found guilty of violating SCR 3.130 (3.4)(c) and is suspended from practicing law for thirty days. His reinstatement is contingent upon completing the KBA's Ethics and Professionalism Enhancement Program. Butler is also ordered to pay costs of $439.86 related to the disciplinary proceedings, with enforcement permitted upon the finality of this Opinion and Order. Butler, a member of the Kentucky Bar since October 17, 2003, is registered under KBA Member No. 89783 and resides at 2745 Grinstead Drive, Apt. 108, Louisville, Kentucky. The document emphasizes that lawyers must comply with tribunal obligations and respond to lawful requests from disciplinary authorities. Additionally, it clarifies that the Office of Bar Counsel, referred to as 'the KBA,' is a division of the Kentucky Bar Association and should accurately represent itself. Both Bar Counsel and Butler have the right to request a review of the Board's decision within thirty days, with specified page limits for their briefs. The document outlines potential disciplinary actions, which range from reprimands to permanent disbarment for violations of the rules.