Kentucky Bar Ass'n v. Kemper
| Decision Date | 31 August 1982 |
| Citation | 637 S.W.2d 637 |
| Parties | KENTUCKY BAR ASSOCIATION, Complainant, v. Gerald T. KEMPER, Respondent. |
| Court | United States State Supreme Court — District of Kentucky |
The respondent, Gerald T. Kemper, is a duly authorized, practicing attorney in and for this Commonwealth, with offices in Owenton, Owen County, Kentucky. Both he and the county had elected to participate in the Public Advocacy program (KRS Chap. 31). The county ceased participating in this program on May 27, 1980.
In early May, 1980, respondent was appointed by the judge of the Owen County District Court to defend Gary E. Robinson, who was charged with and arrested for several felony offenses. Although the county had ceased participating in the Public Advocacy program, respondent continued his representation in the cases to which he had been assigned. It is respondent's conduct in relation to this representation that brought about his present difficulties.
The Owen County Grand Jury, on August 6, 1980, returned an indictment against Robinson charging him with knowingly receiving stolen property with a value in excess of $100 and charging him with trafficking in controlled substances. In September, 1980, Robinson, unbeknownst to the respondent, engaged the services of other counsel and filed a petition in bankruptcy in the United States District Court in which he listed assets of over $30,000. In October, 1980, respondent learned that Robinson had deposited a $500 cash appearance bond. In November, 1980, Robinson appeared at respondent's office and discharged him from further representation. Robinson sought to secure other representation; however, he was unable to do so. In the latter part of November, 1980, Robinson returned to respondent's office and requested that respondent again represent him. Respondent demanded a fee of $1,000 for this employment. The fee was paid and respondent resumed his representation of Robinson. Upon a trial, Robinson was convicted of the offenses for which he was indicted.
Although respondent was appointed by the court to represent Robinson, he did not advise the circuit judge that he had been discharged by Robinson and cause the court to enter an order releasing him from further representation of Robinson, nor did respondent advise the court of his private employment or that he was being paid a fee of $1,000 for his future services.
At the conclusion of the trial, Robinson advised the trial judge that he had paid respondent $1,000 for his services. The trial judge was incensed and initiated an investigation of respondent's conduct. The Inquiry Tribunal of the Kentucky Bar Association charged respondent with unethical...
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Hubble v. Johnson
...Unnamed Attorney, Ky., 769 S.W.2d 45 (1989). In An Unnamed Attorney, supra, this Court prospectively overruled the case of KBA v. Kemper, Ky., 637 S.W.2d 637 (1982) to the extent that it authorized a part-time public defender to obtain a release from his appointed duties and thereafter acce......
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Kentucky Bar Ass'n v. An Unnamed Atty., 89-SC-179-KB
...Smith's mother attempted to "hire" respondent, but he declined pending "further legal research." Based on our decision in KBA v. Kemper, Ky., 637 S.W.2d 637, KRS 31.250(1), and KBA opinion E-165, respondent determined that he could represent Smith on a private Upon proper notice, respondent......