Kentucky Bar Association v. Weiner, 012221 KYSC, 2020-SC-0389-KB

• Docket Nº: 2020-SC-0389-KB
• Party Name: KENTUCKY BAR ASSOCIATION MOVANT v. ERIC TULEY WEINER RESPONDENT
• Case Date: January 22, 2021
• Court: Supreme Court of Kentucky

KENTUCKY BAR ASSOCIATION MOVANT

v.

ERIC TULEY WEINER RESPONDENT

No. 2020-SC-0389-KB

Supreme Court of Kentucky

January 22, 2021

OPINION AND ORDER

Pursuant to SCR 3.165(1)(b) and (d), the Inquiry Commission of the Kentucky Bar Association (KBA) has petitioned this Court to enter an order temporarily suspending Respondent, Eric Tuley Weiner, from the practice of law in the Commonwealth of Kentucky. Weiner's KBA number is 95736 and his bar roster address is 1387 South Fourth Street, Louisville, Kentucky 40208. The Inquiry Commission asserts there is probable cause to believe Weiner's current struggle with illicit substance abuse poses a substantial threat of harm to his clients or the public and deprives him of the physical or mental fitness to continue to practice law. The Inquiry Commission notes there are presently four separate disciplinary investigations and a criminal prosecution pending against Weiner. Weiner has not responded to the Inquiry Commission's communications. He has likewise failed to respond to this Court's October 22, 2020, order to show cause why he should not be subject to the requested temporary suspension.

In its petition, the Inquiry Commission sets forth several reasons underlying its request for a temporary suspension and sets forth the basis of its belief Weiner is suffering from addiction to drugs or intoxicants. The facts were received from various independent sources and relate to Weiner's personal and professional issues stemming from his alleged substance abuse.

First, on January 31, 2020, in a divorce proceeding initiated by Weiner's estranged wife, Samantha Richardson, a verified emergency motion seeking sole custody of the couple's infant child alleges Weiner was using cocaine and methamphetamine in the marital residence. Richardson stated she had found drug paraphernalia scattered throughout the home and noted Weiner had recently been evicted from his law office for having drugs and paraphernalia on the premises.

In June 2020, the KBA Office of Bar Counsel (OBC) received three complaints from Weiner's clients regarding his inaction and mishandling of their cases. Although formal complaints resulted from each of these complaints, and Weiner was personally served by the Jefferson County Sheriff's Office, he has failed to respond to any of the charges.

That same month, Chief Administrative Law Judge Douglas W. Gott wrote a letter to OBC...