Kentucky Bar Association v. Dennis Michael Stutsman ( 2017 )

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KENTUCKY BAR ASSOCIATION MOVANT
V. IN SUPREME COURT
DENNIS MICHAEL STUTSMAN RESPONDENT
KBA MEMBER NO. 81569
OPINION AND ORDER
Respondent, Dennis Michael Stutsman, was admitted to the practice of
law in the Commonwealth of Kentucky on April 27, 1987. Respondent's
Kentucky Bar Association ("KBA") Member Number is 81569 and his bar roster
address is 1112 Taborlake Drive, Lexington, Kentucky 40502. On July 21,
2016, the KBA Inquiry Commission issued a three-count disciplinary Charge
against Respondent in KBA File Number 24086. The Charge reached the KBA
Board of Governors (the "Board") by default on February 21, 2017. The Board
found Respondent guilty of committing all three disciplinary infractions, and
recommended a suspension from the practice of law for a period of thirty (30)
days, in addition to other conditions. The case now stands submitted to this
Court for adoption of the Board's Findings of Fact, Conclusions of Law, and
Recommendation.
The underlying facts of this disciplinary action occurred during the
course of Respondent's representation of Chelsey Wilson. After Ms. Wilson's
application for Social Security disability was denied, Respondent was hired to
appeal the denial. Accordingly, on March 20, 2015, Respondent filed a timely
appeal in the United States District Court for the Eastern District of Kentucky.
The federal judge entered an order on July 20, 2015, requiring the parties to
file appellate briefs within sixty days. Respondent failed to file the appellate
brief on Ms. Wilson's behalf. Subsequently, the presiding Judge became aware
that Respondent had failed to file an appellate brief in another Social Security
case on appeal before a different federal judge. Consequently, the presiding.
judge issued an order banning Respondent from filing any new cases in federal
. court for a period of one year. The matter was referred to the KBA Office of Bar
Counsel for disciplinary proceedings.
On February 9, 2016, the Inquiry Commission filed a Complaint against
Respondent .. A Fayette County Sherriff served Respondent with the .Complaint
on March 18, 2016. Included with the bar complaint was a request for
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additional information and a warning that failure to respond could result in an
additional charge of misconduct. Respondent, however, failed to respond to
the Complaint. As a result, on July 21, 2016, the KBA Inquiry Commission -
filed a three-count Charge against Respondent alleging the following violations
of the Kentucky Rules of Professional Conduct: Count I, Supreme Court Rule
("SCR") 3.i30-l.3 (failure to act with reasonable diligence and promptness);
Count II, SCR 3.130-3.4(c) (knowingly disobeying an obligation under the rules
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of a tribunal); and Count III, SCR 3.130-8. l(b) (failure to respond to a lawful
demand for information from an admissions or disciplinary authority).
On August 12, 2016, Respondent-was served with the Charge via
certified mail. Respondent did not file an answer to the Charge and the case
proceeded to the Board by default. By a unanimous vote, Respondent was ·
found guilty of committing all three disciplinary infractions. The Board has
determined that the appropriate punishmentis to suspend Respondent from
the p~actice oflaw for thirty (30) days, order him to complete the Ethics and
Professionalism Enhancement Program ("EPEP1, and refer him to the Kentucky
Lawyer Assistance Program.
Neither Respondent, nor the Office of Bar Counsel has requested that
this Court take review of the Board's decision pursuant to SCR 3.370(7). This
Court also declines the opportunity to independently reV1ew the Board's
decision per SCR 3.370(8). The Board's findings are adequately supported by
_the record and its recommended period of suspension is a suitable
punishment. See Kentucky Bar Ass'n v. Justice, 198 S.W.3d 583 (Ky. 2006)
(thirty-day suspension was appropriate for attorney who failed to file
responsive pleadings resulting in the dismissal of client's case); see also
Kentucky Bar Ass'n v. Pridemore, 436 S.W.3d 526 (Ky. 2014) (imposing a thirty-
day suspension, probated for two years, on an attorney with no disciplinary
history, who failed to file a timely appeal); Kentucky Bar Ass'n v. Leadingham,
269 S.W.3d 419 (Ky. 2008) (failure to file appellate briefs warranted a thirty-
day suspension from the practice of law, probated on the completion ofEPEP).
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This Court finds additional support for the Board's imposition of
suspension based on Respondent's disciplinary history. On September 4,
2002, Respondent was privately admonished for similar misconduct when he
failed to timely file an appellate brief. In that disciplinary proceeding,
Respondent was also found guilty for lack of diligence and failure to keep his
client reasonably informed.
On February 23, 2016, :this Court imposed further discipline upon
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Respondent in Stutsman v. Kentucky Bar Ass'n, 184 S.W.3d 560 (Ky. 2006).
The disciplinary action was based on a contempt order. issued by the Kentucky
Court of Appeals for Respondent's failure to timely file a brief in three separate
cases. Id. The Court of Appeals also referenced six other cases in which
Respondent disregarded deadlines and failed to file responses to show cause
orders. Id. This Court issued a public reprimand for Respondent's failure to
diligently represent _his clients and expedite their cases, and for disobediently
ignoring the
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Court of .App~als' orders. Id. at 561.
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Having reviewed the record, analogous case law, and Respondent's
· disciplinary history, we hereby adopt the Board's Findings of Fact, Conclusions
of Law, and Recommendatio!1 pursuant to SCR 3.370(9).
ACCORDINGLY, IT IS ORDERED.THAT:
1. Respondent, Dennis Michael Stut~!Ilan, KBA Member Number 81569, is found
guilty of violating SCR 3.130-1.3, SCR 3.130-3.4(c), and 3.130-8.l(b);
2. Respondent is suspended from the practice of law in the Commonwealth of
Kentucky for a period of thirty (30) days;
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3. Respondent may not be reinstated to the practice of law until he completes the
Ethics and Professionalism Enhancement Program;
4. Respondent is also hereby referred to the Kentucky Lawyer Assistance Program
for an evaluation; and
· 5. Pursuant to SCR 3.450, Respondent is directed to pay all costs associated with
this disciplinary proceeding, in the amount of $178. 95 for which execution may
issue from this Court upon finality of.this Order.
All sitting. All concur.
ENTERED: April 27, 2017.
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