In Re Frahm
241 P.3d 1010
| Kan. | 2010Background
- Charles T. Frahm is a Kansas attorney whose license has been suspended since April 1, 2008; suspension remains in effect.
- Disciplinary Administrator filed a formal complaint alleging violations of the Kansas Rules of Professional Conduct.
- Hearing panel found Frahm violated KRPC 8.4(b) based on a DUI conviction and two aggravated battery convictions.
- Frahm drove intoxicated on I-35, caused a collision, left the scene, and was later arrested; breath alcohol concentration was 0.204.
- Convictions were entered in Jensen County District Court; some convictions were later set aside in exchange for waiving an appeal.
- Panel recommended 18-month suspension with retroactive effective date to April 1, 2008; court imposed a 3-year suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Frahm violated KRPC 8.4(b) | Frahm's DUI and aggravated battery reflect on fitness. | No nexus to law practice; no pattern of criminal behavior; not per se violation. | Yes; conduct reflects adversely on fitness; 8.4(b) violated. |
| Whether finding 15 (set aside convictions in exchange for not appealing) is supported | Record supports disciplinary relevance despite nuances. | Convictions set aside for interest of justice may have other basis; not dispositive. | Yes; conduct warrants discipline despite technical framing. |
| What is the appropriate sanction | Indefinite suspension; or harsher sanction warranted by severity. | 18-month suspension or admonition; panels overstated severity. | 3-year suspension retroactive to April 1, 2008; costs assessed. |
Key Cases Cited
- In re Trester, 285 Kan. 404 (2007) (felony convictions typically warrant suspension or disbarment)
- In re Howlett, 266 Kan. 401 (1998) (discipline following felony convictions)
- In re Nelson, 255 Kan. 555 (1994) (discipline following felony convictions)
- In re Robertson, 256 Kan. 505 (1994) (any violation of the law can undermine public trust in a lawyer)
- In re Laskowski, 282 Kan. 710 (2006) (driving while intoxicated can warrant suspension for violating duty to the court and bar)
- In re Angst, 278 Kan. 500 (2004) (clear standards for evaluating sanctions in disciplinary actions)