Thornton, Matter of, 24674
| Decision Date | 09 July 1997 |
| Docket Number | No. 24674,24674 |
| Citation | 489 S.E.2d 198,327 S.C. 193 |
| Parties | In the Matter of Kenneth W. THORNTON, Respondent. . Heard |
| Court | South Carolina Supreme Court |
Attorney General Charles Molony Condon and Assistant Deputy Attorney General J. Emory Smith, Jr., Columbia, for complainant.
Kenneth W. Thornton, pro se.
This is an attorney disciplinary matter. Respondent Kenneth W. Thornton is in default. Respondent has previously been suspended for six months for filing a false tax return 1 and was recently suspended for failing to comply with continuing legal education requirements.
In November 1996, respondent was served with a Notice and Complaint. In January 1997, respondent was also served with a Notice and Supplemental Complaint. Respondent did not file an answer to either complaint. On February 20, 1997, the Board notified respondent that he was in default but that he could still be heard in mitigation. Respondent did not respond. The Interim Review Committee concluded that a hearing was unnecessary and voted by 6 to 1 that respondent be indefinitely suspended. One member voted to disbar respondent.
Under the Rules on Disciplinary Procedure, respondent is in default and is deemed to have admitted all allegations in the two complaints served upon him. Rule 413, SCACR. See In re Fennell, 324 S.C. 101, 477 S.E.2d 706 (1996). The complaints allege respondent violated Rules 8.4 and 413, § 5(E). In In re Davis, 279 S.C. 532, 309 S.E.2d 5 (1983), the Court held "[w]here an attorney is in default because of his failure to respond to a Complaint in a disciplinary proceeding, the facts and charges set forth in the Complaint are deemed admitted, and the only duty of the Panel is to make a recommendation of the appropriate sanction." (emphasis added). 2 Accordingly, the charges of misconduct against respondent are deemed admitted and we must determine only the appropriate sanction.
It is ordered that Respondent be indefinitely suspended from the practice of law in this State. Respondent shall file an affidavit with the Clerk of Court within fifteen days of the date of the filing of this opinion, in compliance with Paragraph 30 of Rule 413, SCACR.
INDEFINITE SUSPENSION.
2 The complaints also allege respondent was found in contempt by the family court judge for failing to pay child support and alimony as ordered, transferring property in violation of an order, and falsely...
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In re Murph, 25479.
...before the Court is the appropriate sanction. In the Matter of Kitchel, 347 S.C. 291, 554 S.E.2d 868 (2001); In the Matter of Thornton, 327 S.C. 193, 489 S.E.2d 198 (1997). In In the Matter of Hall, 333 S.C. 247, 251, 509 S.E.2d 266, 268 (1998), the Court stated the An attorney usually does......
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IN RE KITCHEL, 25372.
...Rule 24(a), RLDE, Rule 413, SCACR. Accordingly, the only issue before the Court is the appropriate sanction. Matter of Thornton, 327 S.C. 193, 489 S.E.2d 198 (1997). In the past, the Court has imposed a range of discipline for similar misconduct. In re Reichmanis, 344 S.C. 404, 544 S.E.2d 8......
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In re Braghirol
...respondent likewise are deemed admitted, and thus, the Court must only determine the appropriate sanction. E.g., Matter of Thornton, 327 S.C. 193, 489 S.E.2d 198 (1997). Based on the facts of the five matters outlined above, we find respondent violated the following Rules of Professional Co......
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In re Jenkins, 25357.
...evidence). Because respondent has admitted misconduct, the sole issue before the Court is the appropriate sanction. Matter of Thornton, 327 S.C. 193, 489 S.E.2d 198 (1997). In the past, the Court has imposed a range of discipline for somewhat similar misconduct. In re Hall, 341 S.C. 98, 533......