Kentucky Bar Ass'n v. Deters
2013 Ky. LEXIS 246
Ky.2013Background
- Deters is a Kentucky lawyer (admitted 1986; bar number 81812).
- KBA filed two disciplinary cases: No. 16037 (3-count misconduct; recommended 60‑day suspension) and No. 19366 (1-count misconduct; recommended 30‑day suspension concurrent with 60‑day suspension).
- Deters sought review under SCR 3.370(7); Court adopted the Board’s recommendations and rejected credit for prior 52 days of suspension.
- In 16037, conduct involved misrepresenting LLC formation date and asserting personal liability; a Campbell Circuit Court Rule 11 sanction was imposed and affirmed on appeal; the Supreme Court ultimately held this conduct violated ethics rules.
- In 19366, Deters falsely claimed no prior disciplinary action existed while suspended or under disciplinary investigation; the Board found this violated SCR 3.130-3.3(a)(1).
- The Court denied credit for the additional 52 days of suspension and imposed a total 60 days (60 in 16037, 30 in 19366 concurrent).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral estoppel effect on prior Rule 11 findings | Board applied collateral estoppel to bar relitigation of Campbell findings. | Deters argued lower court findings should not bind this court; disputed scope of estoppel. | Collateral estoppel applied to bar relitigation of findings; independent review still upheld the ethics violations. |
| Whether 16037 violations proved (false complaint, false statements, Civil Rule 11) | Deters knowingly filed a false complaint and made false statements; Civil Rule 11 violated. | Deters contends statements were not knowingly false or not within Rule 11 scope. | Proved violations of SCR 3.130-3.1, 3.3(a)(1), 3.4(c) and Civil Rule 11; 60‑day suspension imposed. |
| Whether 19366 statements violated SCR 3.130-3.3(a)(1) | Deters knowingly misrepresented disciplinary history in pleadings. | Statements were inaccurate but not knowingly false or materially misleading. | Deters knowingly made false statements; 30‑day suspension imposed concurrent with 16037. |
| Credit for 52 days additional suspension | Deters seeks credit for prior 52 days; asserts non-duplication of punishment. | No credit; suspension time deemed proper under SCR 3.510(2) and related procedures; total 60 days preferred. | |
| Procedural prejudice at Board level | Deters argues lack of record due to denied court reporter/videographer and security concerns. | No reversible prejudice; de novo review by this Court; security presence routine and not bias. |
Key Cases Cited
- Kentucky Bar Ass’n v. Horn, 4 S.W.3d 135 (Ky. 1999) (use of court judgment as proof of conduct in discipline matters; independent judgment on ethics)
- Kentucky Bar Ass’n v. Deters, 360 S.W.3d 224 (Ky. 2012) (reinstatement and suspension context; prior sanctions referenced)
- Commonwealth ex rel. Ward v. Harrington, 266 Ky. 41 (1936) (license to practice is a privilege conditioned by character and fitness)
- Anderson v. Kentucky Bar Ass’n, 262 S.W.3d 636 (Ky. 2008) (ABA standards referenced favorably in sanction considerations)