Docking, Matter of, 70,551
| Decision Date | 04 March 1994 |
| Docket Number | No. 70,551,70,551 |
| Parties | In the Matter of Kent Owen DOCKING, Respondent. |
| Court | Kansas Supreme Court |
Stanton A. Hazlett, Deputy Disciplinary Admin., argued the cause, and Bruce E. Miller, Disciplinary Admin., was with him on the formal complaint for petitioner.
Chris Miller, Lawrence, argued the cause for respondent.
This is an original uncontested attorney disciplinary proceeding. The parties stipulated to the following facts.
Kent Owen Docking is an attorney at law, Kansas attorney registration No. 12265, admitted to the Bar of the State of Kansas on September 20, 1985. His registration address with the clerk of the appellate courts of Kansas is 330 Brotherhood Building, Kansas City, Kansas 66101.
On June 4, 1986, three Korean nationals were each charged with two counts of aggravated kidnapping. Shortly after being charged, all three defendants retained the respondent to represent them in the criminal proceedings. Docking received a fee from each defendant.
Prior to the preliminary examination, Docking met with his clients on several occasions, sometimes with and sometimes without an interpreter. The three defendants were bound over for trial after the preliminary examination on June 18, 1986. On September 5, 1986, each defendant pleaded guilty to an amended charge of kidnapping, a Class B felony. On October 10, 1986, Judge Frederick Stewart heard motions filed by Docking on behalf of all three defendants to withdraw their pleas of guilty. The basis for the motions was that the defendants were unable to understand the "terms and conditions of the plea" because of a lack of understanding and communication between the interpreter and the defendants. Docking argued in support of the motions. The defendants did not testify. Judge Stewart denied defendants' motions to withdraw their pleas and sentenced each defendant to the custody of the Secretary of Corrections for a minimum term of 10 years and a maximum term of 20 years. On February 27, 1987, the court heard motions filed by Docking on behalf of each defendant to modify the sentences. The court reduced the sentences to a minimum term of 5 years and a maximum term of 20 years.
On November 18, 1988, defendants filed K.S.A. 60-1507 motions alleging that they had been denied effective assistance of counsel by Docking. The 60-1507 hearing for the three defendants occurred on November 29 December 5, and December 6, 1988, before Judge Stewart.
Docking voluntarily appeared as a witness at the hearing. Although Docking requested the opportunity to consult with counsel during the course of the hearing, his request was denied. He testified at length, without the benefit of counsel during the hearing.
Judge Stewart noted that Docking undertook representation of the three defendants even though it was apparent that conflicts of interest existed among the positions of the three clients. The court observed that there was no evidence that the possible conflict of interest was explained to or waived by each of the clients.
Judge Stewart found that Docking did not have the experience or competence to represent clients charged with two counts of aggravated kidnapping, a Class A felony. The judge noted that Docking had no felony trial experience, had not previously handled a Class A or B felony, and had only been out of law school for one year. In addition, Docking did not remedy his lack of experience by associating with a Korean-speaking lawyer competent to handle the case. Although Docking had provided one interpreter for his clients, he did not ensure simultaneous translation during the criminal proceedings. He also had failed to properly investigate the case. A witness was known but was not sought or used in the trial. There was evidence that the statement given by one client could have been suppressed if a motion to suppress had been filed. Docking had erroneously advised his clients that if probation was not granted, the clients could withdraw their pleas. Docking then informed his clients that they had no right to appeal the denial of the motion to withdraw the pleas. He further advised his clients that a habeas corpus petition must be filed in federal court by inmates without assistance of counsel. Finally, the judge found that although Docking was aware his clients were illegal aliens, he had failed at the sentencing hearing to request that his clients should not be deported.
At the conclusion of the 60-1507 hearing, the judge found that Docking had not provided his clients with reasonable effective assistance of counsel. The judge determined that the defendants' rights to a fair trial had been prejudiced by Docking's ineffective assistance. Judge Stewart vacated the sentences of the defendants and set aside their pleas of guilty. The three clients had been incarcerated for approximately two and one-half years. The State subsequently declined to reprosecute the defendants.
On October 21, 1990, a formal complaint was filed by the Disciplinary Administrator alleging that Docking had violated: DR 1-102(A)(4) (1993 Kan.Ct.R.Annot. 202) (), 1-102(A)(5) () and 1-102(A)(6) (); DR 5-105(A) (1993 Kan.Ct.R.Annot. 222) (), 5-105(B) () and 5-105(C) (); DR 6-101(A)(1) (1993 Kan.Ct.R.Annot. 227) (...
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In re Matson, 88,876.
...whether he was able to handle the representation. Judge Anderson suggested to the Respondent that he read KRPC 1.1 and In re Docking, 254 Kan. 921, 869 P.2d 237 (1994). "8. Following the November 2, 2000, meeting, the Respondent asked several attorneys to assist him with the representation ......
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In re Docking
...have known that he was not competent to handle, without association with a lawyer who was competent to handle it). In re Docking, 254 Kan. 921, 869 P.2d 237 (1994). "Finally, on December 8, 2006, the Kansas Supreme Court suspended the Respondent for a period of 90 days for having violated K......
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In re Docking, 96,888.
...violated DR 5-105(A), DR 5-105(B), and DR 6-101(A)(1). The Court published the censure in the Kansas Reports and [it] can be found at 254 Kan. 921 (1994). "Multiple Offenses. The Respondent violated KRPC 1.3, KRPC 1.4, KRPC 1.15(a), and KRPC 1.16(d). As such, the Respondent committed multip......