In re Stockwell
295 P.3d 572
| Kan. | 2013Background
- Disciplinary Administrator filed a formal complaint against Scott C. Stockwell, admitted to Kansas bar in 1984, on July 19, 2012.
- A hearing was held Sept. 18, 2012 before a Kansas Board for Discipline panel; panel found violations of KRPC 3.3(a)(1), 3.5(c)(2), and 3.5(c)(3).
- The findings relate to estate matters of decedent Mr. B, where Stockwell represented Mrs. B and allegedly misrepresented facts to the court regarding the will and intestacy.
- Stockwell allegedly failed to disclose the 2000 last will to others, communicated with a judge ex parte, and filed pleadings without providing copies to opposing counsel.
- The panel recommended a one-year suspension; the Kansas Supreme Court imposed the suspension and ordered costs and potential reinstatement procedures, noting probation was inappropriate due to dishonesty and signaling a reinstatement hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stockwell violated 3.3(a)(1) | Stockwell knowingly made false statements to the tribunal. | Stockwell contends no violation or disputed the particulars. | Yes; violated 3.3(a)(1). |
| Whether Stockwell violated 3.5(c)(2) and (3) | Stockwell filed pleadings without providing copies to opposing counsel and met ex parte with the judge. | Stockwell denied wrongdoing or misstatement of procedures. | Yes; violated 3.5(c)(2) and (3). |
| Appropriate discipline | Recommend a suspension; probation considered. | Stockwell urged three years of supervised probation. | One-year suspension imposed; probation rejected; reinstatement hearing ordered. |
| Need for reinstatement proceedings | Reinstatement hearing ordered under Rule 219 to assess possible conditions. |
Key Cases Cited
- In re Foster, 292 Kan. 940 (2011) (clear and convincing standard; disciplinary evidence evaluated)
- In re Lober, 288 Kan. 498 (2009) (clear and convincing standard; standards for sanctions)
- In re Dennis, 286 Kan. 708 (2008) (definitions of clear and convincing evidence and sanctions)
