In re Harrington
293 P.3d 686
Kan.2013Background
- Disciplinary proceeding filed against Kansas attorney Megan Harrington, admitted 2004.
- Disciplinary Administrator charged violations of the Kansas Rules of Professional Conduct; Harrington answered and proposed probation.
- Hearing panel found Harrington violated KRPC 8.4(b) based on criminal conduct.
- Criminal conduct: April 18, 2009 cocaine and alcohol impairment leading to multiple convictions.
- Judicial sentences included jail time, fines, ignition interlock, and three years of probation; monitoring and treatment occurred, with subsequent lapses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Harrington violate KRPC 8.4(b)? | Disciplinary Panel found violations. | Respondent admitted misconduct but contested factors. | Yes, clear and convincing evidence supports violation. |
| What discipline is appropriate? | Panel recommended three-month suspension; administrator seeks harsher punishment. | Probation should be considered given mitigating factors. | Suspension for two years with partial stay conditioned on compliance. |
| Should probation be granted or reinstated post-suspension? | No probation; reinstatement conditional on strict compliance. | Probation plan insufficient and not in public interest. | Probation denied; reinstatement conditioned on specified treatment and monitoring if suspensions are lifted. |
Key Cases Cited
- In re Millett, 291 Kan. 369 (2010) (panel found 8.4(b) violation for obstruction of official duty)
- In re Angst, 278 Kan. 500 (2004) (misdemeanor misconduct supported 8.4(b) finding)
- In re Shores, 294 Kan. 680 (2012) (aggravating factor for not fully acknowledging wrongful conduct)
- In re Wiechman, 290 Kan. 70 (2010) (aggravating factor for not fully appreciating misconduct)
- In re Davidson, 285 Kan. 798 (2008) (finding insufficient acknowledgment of wrongdoing)
- In re Walsh, 286 Kan. 235 (2008) (discusses standard for discipline review under Rule 211(f))
