Price, Matter of, s. 58143
| Decision Date | 06 December 1985 |
| Docket Number | Nos. 58143,58515,s. 58143 |
| Citation | 238 Kan. 426,709 P.2d 986 |
| Parties | In the Matter of Douglas A. PRICE, Respondent. |
| Court | Kansas Supreme Court |
Roger N. Walter, Topeka, Disciplinary Adm'r, for State of Kan.
There was no appearance for respondent.
Two original proceedings in discipline filed by Arno W. Windscheffel, Disciplinary Administrator, against Douglas A. Price, of Humboldt, an attorney formerly admitted to the practice of law in Kansas, have been consolidated for purposes of this opinion. Respondent was indefinitely suspended from the practice of law in a previous disciplinary proceeding and remains suspended at this time. In re Price, 237 Kan. 624, 701 P.2d 1337 (1985). The present cases will be discussed separately.
This complaint included numerous allegations of neglect and misconduct by respondent in his capacity as County Attorney of Allen County, and in the handling of his private practice. The Kansas Board for Discipline of Attorneys filed a comprehensive report along with its recommendation that respondent be disciplined by indefinite suspension. The facts as supported by the evidence before the Board are lengthy and will be greatly abbreviated herein.
As County Attorney of Allen County, respondent was primarily responsible for the prosecution of a sixteen-count criminal indictment against Nathaniel J. "Yorkie" Smith. Throughout the preparation, discovery proceedings and trial of the case, respondent repeatedly failed to abide by discovery orders issued by the court, made repeated misrepresentations to the judge and defense counsel and failed to furnish statements of witnesses and other evidence to defense counsel even though under a court order to do so. During trial these matters came to light, requiring the court to declare numerous recesses and delaying the proceedings. Respondent granted immunity to a witness, Roger Smith, brother of the defendant, and failed to advise the court or reduce the agreement to writing as required by the court.
Respondent, in his capacity as County Attorney, represented the State's interest as appellee in the appeal by James R. Dodge from a conviction of forgery. Respondent failed to file a brief and on the day before oral argument was scheduled in the Court of Appeals, called defense counsel and offered to confess error, resulting in a reversal and an order for new trial. The defendant was placed on diversion and not tried a second time.
In the case of State v. Jones, respondent failed to file an appellate brief for the State even after obtaining two orders extending the time for filing. Both of his motions seeking additional time were filed out of time.
The Board found that the respondent ...
To continue reading
Request your trial
-
Cooney v. Park County
...(death case) to bar disciplinary committees. See People v. Green, 405 Mich. 273, 274 N.W.2d 448 (1979). See, however, Matter of Price, 238 Kan. 426, 709 P.2d 986 (1985) for more than conduct in just one case, but see State v. Smith, 245 Kan. 381, 781 P.2d 666 This case provides an ordinary ......
-
State v. Smith
...probability' is a probability sufficient to undermine confidence in the outcome." In the disciplinary proceeding entitled In re Price, 238 Kan. 426, 709 P.2d 986 (1985), we "As County Attorney of Allen County, respondent was primarily responsible for the prosecution of a sixteen-count crimi......
-
Price, Matter of
...been suspended from the practice of law in Kansas since July 9, 1985. In re Price, 237 Kan. 624, 701 P.2d 1337 (1985); In re Price, 238 Kan. 426, 709 P.2d 986 (1985). The instant complaint is based upon respondent's representation, or lack thereof, in the matter of the Estate of Merle K. Ba......