Wednesday, September 8, 2010

Kentucky: Lawyer Suspended for Pleading Guilty to a Felony

Link for Opinion: http://opinions.kycourts.net/sc/2009-SC-000549-KB.pdf

In Kentucky Bar Association v. Roger P. Elliott the Kentucky Bar Association requested that the Kentucky Supreme Court temporarily suspend Roger P. Elliott until a court order supersedes the court’s judgment. This in pursuant to SCR 3.166, the Kentucky Bar Association entering an order confirming the automatic temporary suspension of Roger P. Elliott.
On July 29, 2009, Elliott pled guild to theft of services already rendered, a Class D felony in Kentucky in violation of Statute 514.090. SCR 3.166 states, “any member of the Kentucky Bar Association who pleads guilty to at felony…in this State or in any other jurisdiction, shall be automatically suspended from the practice of law in this Commonwealth.” This “suspension shall take effect automatically beginning on the day following the plea of guilty…or upon the entry of the judgment, whichever occurs first. The court upheld SCR 3.166 and suspended Elliott and he had ten days to inform clients and courts of his dismissal.
This case shows the importance of being an ethical law abiding citizen while practicing law. Under SCR 3.166 if a legal professional pleads guilty to a felony they will be automatically suspended for their crime.

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