Deters v. Ky. Bar Ass'n, 2012–SC–000344–KB.

• Decision Date: 15 June 2012
• Docket Number: No. 2012–SC–000344–KB.,2012–SC–000344–KB.
• Citation: 408 S.W.3d 71
• Parties: Eric C. DETERS, Movant v. KENTUCKY BAR ASSOCIATION, Respondent.
• Court: United States State Supreme Court — District of Kentucky

408 S.W.3d 71

Eric C. DETERS, Movant

v.KENTUCKY BAR ASSOCIATION, Respondent.

No. 2012–SC–000344–KB.

Supreme Court of Kentucky.

June 15, 2012.

OPINION AND ORDER REINSTATING

Eric C. Deters, KBA Member No. 81812 of Kenton County, Kentucky, was admitted to practice law in Kentucky in 1986. This Court suspended Movant from the practice of law for a period of sixty-one (61) days, effective February 23, 2012. Pursuant to SCR 3.510 he has now applied for reinstatement. The Character and Fitness Committee of the Kentucky Office of Bar Admissions (the Committee) has recommended approval of the application for reinstatement of Eric C. Deters. The Board of Governors of the Kentucky Bar Association (the Board) has recommended disapproval of the application for reinstatement.

This Court's order of suspension, entered February 23, 2012, found Movant guilty of violating SCR 3.130–8.2(a), SCR 3.130–3.3(a), SCR 3.130–7.09(2), and SCR 3.130–1.16(d), and ordered as follows:

(1) For these violations, Deters is hereby suspended from the practice of law for sixty-one days and required to attend the entire KBA Ethics and Professionalism Enhancement Program (EPEP), which is anticipated to be seven hours, within one year of the date of this Order;

(2) Deters will not apply for Continuing Legal Education credit of any kind for his attendance at the EPEP. He will furnish a release and waiver to the Office of Bar Counsel to review his records of the CLE Department that might otherwise be confidential, such release to continue in effect until after he completes his remedial education, in order to allow the Office of Bar Counsel to verify that he has not reported any hours to the CLE Commission that are to be taken as remedial education.

(3) Pursuant to SCR 3.390, Deters shall, within ten days from the entry of this Opinion and Order, notify all clients with Kentucky cases in writing of his inability to represent them, and notify all courts in which he has matters pending of his suspension from the practice of law, and furnish copies of said letters of notice to the Director of the KBA. Furthermore, to the extent possible and necessary, Deters shall immediately cancel and cease any advertising activities in which he is engaged;

(4) In accordance with SCR 3.450, Deters shall pay costs associated with these proceedings in the amount of $1,834.02, for which execution may issue from this Court upon finality of this Order.

On March 5, 2012, the Office of Bar Counsel, filed an Objection to Movant's automatic reinstatement pursuant to SCR 3.510(2). Since Bar Counsel did not withdraw its Objection within thirty (30) days, the matter proceeded to the Committee, pursuant to SCR 3.510(2), after Movant filed his application for reinstatement on April 23, 2012.

On May 15, 2012, the Committee conducted a hearing on Movant's application for reinstatement. On May 21, 2012, the Committee filed its Findings of Fact, Conclusions of Law, and Recommendation, recommending that Movant be reinstated conditioned on (1) obtaining anger managementcounseling, (2) filing an Affidavit of Compliance as required by SCR 3.510(2), and (3) promptly notifying the KBA of any reciprocal discipline imposed by Florida or Ohio.

Pursuant to SCR 3.510(3), the Board of Governors of the Kentucky Bar Association then reviewed the record and report of the Character and Fitness Committee, and on June 13, 2012 filed its recommendation of disapproval of Movant's application for reinstatement.

This Court notes that both the...