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243 P.3d 1101
Kan.
2010
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Background

  • 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)
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Case Details

Case Name: In Re Johns
Court Name: Supreme Court of Kansas
Date Published: Dec 23, 2010
Citations: 243 P.3d 1101; 291 Kan. 638; 104,570
Docket Number: 104,570
Court Abbreviation: Kan.
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