In Re Johanning
254 P.3d 545
| Kan. | 2011Background
- Johanning was admitted to the Kansas bar in 1979 and faced a formal disciplinary complaint in 2010.
- Bryan Corkins, charged in Atchison County with felony theft of guns, was represented by Johanning beginning April 14, 2009.
- Restitution was to be a condition of plea/probation; Corkins provided $1,300 for restitution, which Johanning did not deposit into his trust account.
- Judge Asher later ordered Corkins to pay a total restitution of $13,175; Corkins began probation and payments, with initial restitution funds delayed.
- On August 25, 2009, Corkins’ counsel deposited $1,350 for restitution after a judge questioned the missing $1,300, but the earlier $1,300 remained unaccounted for.
- The hearing panel found Johanning violated KRPC 1.15, KRPC 8.4(d), and Supreme Court Rule 211(b); the panel recommended a one-year suspension and reinstatement hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Johanning violate KRPC 8.4(d)? | Johanning prejudiced justice by delaying restitution and mismanaging client funds. | Johanning contends delay was not prejudicial and disputes the misconduct. | Yes; clear and convincing evidence of 8.4(d) violation. |
| Did Johanning violate Supreme Court Rule 211(b)? | Disciplinary Complaint was not answered timely. | Extension to July 8, 2010 was granted and met; panel was not formally notified. | No; Rule 211(b) violation not supported by clear and convincing evidence. |
Key Cases Cited
- In re Johanning, 271 Kan. 638, 23 P.3d 895 (2001) (order to establish accounting system and audit for trust funds)
- In re Johanning, 279 Kan. 950, 111 P.3d 1061 (2005) (probation and supervision related to trust accounting)
- In re Johanning, 287 Kan. 685, 199 P.3d 1251 (2008) (procedural discipline and supervision during probation)
- In re Dennis, 286 Kan. 708, 188 P.3d 1 (2008) (disciplinary process and evidence standards in discipline cases)
- In re Pyle, 283 Kan. 807, 156 P.3d 1231 (2007) (conduct prejudicial to administration of justice and trust accounting)
- In re Lober, 291 Kan. 394, 241 P.3d 81 (2010) (violation of 8.4(d) for misconduct affecting justice system confidence)
- In re Swanson, 288 Kan. 185, 200 P.3d 1205 (2009) (discretion in imposing sanctions in disciplinary matters)
- State v. Hall, 45 Kan. App. 2d 290, 247 P.3d 1050 (2011) (victim restitution timing impacting probation compliance)