27.03.2014 Views

Kansas Supreme Court - 105567 - In re Baca

Kansas Supreme Court - 105567 - In re Baca

Kansas Supreme Court - 105567 - In re Baca

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

offender, misdemeanor offense. Finally, the Respondent was orde<strong>re</strong>d to <strong>re</strong>frain from<br />

contact with child<strong>re</strong>n, including his own child<strong>re</strong>n. While some of the initial terms and<br />

conditions have been modified, the Respondent <strong>re</strong>mains on probation.<br />

"12. On May 4, 2010, the Respondent self-<strong>re</strong>ported his conduct to the<br />

Disciplinary Administrator.<br />

"13. On November 10, 2010, the Disciplinary Administrator filed the Formal<br />

Complaint in the instant case. The Respondent failed to file a timely Answer to the<br />

Formal Complaint, in violation of Kan. Sup. Ct. R. 211(b).<br />

"14. The Hearing Panel held a hearing on the Formal Complaint on January<br />

12, 2011. The Respondent did not appear in person at the hearing. However, during the<br />

week prior to the hearing, counsel for the Respondent <strong>re</strong>quested that the Respondent be<br />

allowed to appear by telephone. The Hearing Panel granted that <strong>re</strong>quest and the<br />

Respondent appea<strong>re</strong>d by telephone.<br />

"CONCLUSIONS OF LAW<br />

"1. Based upon the findings of fact, the Hearing Panel concludes as a matter<br />

of law that the Respondent violated KRPC 8.4, Kan. Sup. Ct. R. 208, and Kan. Sup. Ct.<br />

R. 211, as detailed below.<br />

"2. KRPC 8.4 defines professional misconduct, in pertinent part, as follows:<br />

'It is professional misconduct for a lawyer to:<br />

'(a) Violate or attempt to violate the rules of professional<br />

conduct, knowingly assist or induce another to do so, or do so through<br />

the acts of another;<br />

'(b)<br />

commit a criminal act that <strong>re</strong>flects adversely on the<br />

lawyer's honesty, trustworthiness or fitness as a lawyer in other <strong>re</strong>spects;<br />

4

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!