243 P.3d 1101
Kan.2010Background
- Attorney Jeffrey M. Johns, admitted to practice in Kansas in 2004, faced a disciplinary complaint filed April 26, 2010.
- Respondent did not answer the complaint; a joint stipulation of facts was submitted June 9, 2010.
- Hearing panel found Johns violated KRPC 8.4(b) based on three DUI convictions and related conduct.
- Convictions: 1994 diversion for DUI (completed), 2007 DUI conviction in Missouri, 2008 DUI arrest in Kansas leading to breath test at .123%
- November 14, 2008: pleaded guilty to felony DUI; January 2009: sentenced to jail, house arrest, and probation; he completed probation.
- Since August 19, 2009, Johns has remained sober and participated in AA, KLAP monitoring, and counseling, with full cooperation in proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johns violated KRPC 8.4(b). | Johns's felony DUI conviction reflects adversely on fitness. | Johns cooperated and has begun rehabilitation; mitigating factors possible. | Yes, he violated KRPC 8.4(b). |
| Appropriate discipline for the violation. | Suspension for two years retroactive to August 19, 2009. | Probation requested; rehabilitation ongoing. | Two-year suspension retroactive to August 19, 2009; reinstatement hearing required. |
| Whether chemical dependency was a mitigating factor. | Chemical dependency not established as mitigating. | Alcoholic history could be mitigating if medical evidence showed dependency. | Chemical dependency not established as mitigating factor; other mitigating factors present. |
| Whether probation was appropriate under Rule 211(g)(3) for reinstatement. | Probation not appropriate; discipline should enforce public protection. | Rule 211(g)(3) prevented probation; reinstatement subject to a Rule 219 evaluation. |
Key Cases Cited
- In re Laskowski, 282 Kan. 710 (2006) (indefinite suspension after repeated DUI-related misconduct)
- In re O'Neill, 285 Kan. 474 (2007) (indefinite suspension; additional disclosure failures)