Wheeler v. Ky. Bar Ass'n

• Docket Number: 2023-SC-0214-KB
• Decision Date: 24 August 2023
• Parties: JOE STEWART WHEELER MOVANT v. KENTUCKY BAR ASSOCIATION RESPONDENT
• Court: United States State Supreme Court — District of Kentucky

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JOE STEWART WHEELER MOVANT
v.
KENTUCKY BAR ASSOCIATION RESPONDENT

No. 2023-SC-0214-KB

Supreme Court of Kentucky

August 24, 2023

OPINION AND ORDER

Joe Stewart Wheeler was admitted to practice law in the state of Kentucky on October 3, 2019, and his bar roster address is 383 W. 4th Street Russellville, Kentucky, 42276. Wheeler filed a motion to Resign under Terms of Permanent Disbarment following his temporary suspension starting on March 24, 2022. The Kentucky Bar Association (KBA) states that it has no objection to Wheeler's motion. Therefore, Wheeler's motion to Resign under Terms of Permanent Disbarment is granted.

I. BACKGROUND

On March 25, 2022, in the Logan Circuit Court, Wheeler was indicted on one count of Theft by Unlawful Taking or Disposition ($10,000 or more), a class C felony, and one count of Theft by Unlawful Taking or Disposition ($1,000 or more), a class D felony. Following his indictment, Wheeler entered an Alford Plea

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on December 1, 2022, to two counts of Unlawful Taking or Disposition ($1,000 or more), a class D felony. Following his Alford Plea, in the Offer on a Plea of Guilty, Wheeler admitted to taking funds from one of his client's, Margie Gibbs, trust fund and depositing said funds into his own account. Wheeler was sentenced to a five-year probated sentence.

Prior to his guilty plea, the Inquiry Commission opened an investigation into Wheeler to follow along with the criminal investigation by the Attorney General and the case itself in Logan County Circuit Court. Notably, both the KBA and Wheeler acknowledge that based upon his actions, there is probable cause for the Inquiry Commission to charge him with violating SCR 3.130(8.4)(b) and SCR 3.130(8.4)(c). In Troutman v. KBA, 275 S.W.3d, 175 (Ky. 2008), the Court held that an attorney's entry into an Alford Plea is enough evidence to prove the attorney violated SCR 3.130(8.4)(b). Moreover, in Greene v. KBA, 390 S.W.3d, 102 (Ky. 2012)-which involves a nearly identical situation as the case at hand- this Court held that such actions constituted violations of SCR 3.130(8.4)(b) and SCR 3.130(8.4)(c), warranting permanent disbarment. However, in consideration of the Inquiry Commission's investigation, Wheeler has requested to Resign under Terms of Permanent Disbarment before the Inquiry Commission issues formal charges of misconduct.

II. DISCIPLINE

Based on his own admission of ethical violations, Wheeler requests that this court grant his motion to Resign under Terms of Permanent Disbarment.

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We agree that Wheeler's motion is appropriate pursuant to SCR 3.480(3). Therefore, the Court sustains his motion and ORDERS:

(1) Joe Stewart Miller, KBA Member No. 75983, is hereby permanently disbarred from the practice of law in the

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