In the Matter of Kenneth Gary Cooper , 412 S.C. 620 ( 2015 )


Menu:
  •                     THE STATE OF SOUTH CAROLINA
    In The Supreme Court
    In the Matter of Kenneth Gary Cooper, Respondent
    Appellate Case No. 2014-002702
    Opinion No. 27534
    Submitted June 8, 2015 – Filed June 24, 2015
    DEFINITE SUSPENSION
    Lesley M. Coggiola, Disciplinary Counsel, and C. Tex
    Davis, Jr., Senior Assistant Disciplinary Counsel, both of
    Columbia, for Office of Disciplinary Counsel.
    William L. Runyon, Jr., of Charleston, for respondent.
    PER CURIAM: In this attorney disciplinary matter, respondent and the Office
    of Disciplinary Counsel have entered into an Agreement for Discipline by Consent
    (Agreement) pursuant to Rule 21 of the Rules for Lawyer Disciplinary
    Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court
    Rules (SCACR). In the Agreement, respondent admits misconduct and consents to
    the imposition of an admonition, public reprimand, or a definite suspension not to
    exceed twelve (12) months. We accept the Agreement and suspend respondent
    from the practice of law in this state for twelve (12) months. The facts, as set forth
    in the Agreement, are as follows.
    Facts
    On January 31, 2012, respondent went to a restaurant where his son tended bar in
    order to drive his son home after completing his shift. While at the restaurant,
    respondent came into contact with a former neighbor and the neighbor's son. A
    verbal altercation escalated into a physical fight. The Charleston County Sheriff's
    Office responded. The former neighbor alleged respondent and respondent's son
    physically assaulted him and his son. The former neighbor refused medical
    treatment while his son was transported to the hospital.
    On February 3 and February 7, 2012, the neighbor and his son met with detectives
    from the Charleston County Sheriff's Office and positively identified respondent as
    the individual who had assaulted them. On February 29, 2012, respondent was
    arrested and charged with Assault and Battery, 2nd degree, and Assault and
    Battery, 3rd degree.
    Respondent represents that he believed that both charges against him were going to
    be tried in General Sessions Court. In actuality, the Assault and Battery, 3rd
    degree, charge was heard by the Magistrate's Court and, on April 17, 2012,
    respondent was found guilty in absentia. On May 17, 2012, respondent paid the
    fines and costs in the amount of $1,124.76 to satisfy the sentence.
    Thereafter, respondent retained counsel. Among other actions, counsel filed a
    motion seeking to obtain the son's medical records from the night of the
    altercation. The son's medical records demonstrated the son was substantially
    intoxicated and that his injuries would not support the Assault and Battery, 2nd
    degree, charge.
    On November 6, 2013, the Assault and Battery, 2nd degree, charge was remanded
    to Magistrate's Court. Ultimately, this charge was marked nolle prosequi on May
    21, 2014.
    Law
    Respondent admits that by his conduct he has violated the following provisions of
    the Rules of Professional Conduct, Rule 407, SCACR: Rule 8.4(a) (it is
    professional misconduct for lawyer to violate Rules of Professional Conduct) and
    Rule 8.4(b) (it is professional misconduct for lawyer to commit a criminal act that
    reflects adversely on lawyer's honesty, trustworthiness or fitness as lawyer in other
    respects).
    Respondent also admits his misconduct constitutes ground for discipline under the
    following Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR: Rule
    7(a)(1) (it shall be ground for discipline for lawyer to violate Rules of Professional
    Conduct).
    Conclusion
    We accept the Agreement for Discipline by Consent and definitely suspend
    respondent from the practice of law in this state for twelve (12) months.1 Within
    fifteen days of the date of this opinion, respondent shall file an affidavit with the
    Clerk of Court showing that he has complied with Rule 30 of Rule 413, SCACR.
    DEFINITE SUSPENSION.
    TOAL, C.J., PLEICONES, KITTREDGE and HEARN, JJ., concur.
    BEATTY, J., not participating.
    1
    Respondent's disciplinary history includes a six (6) month suspension from the
    practice of law, with conditions. In the Matter of Cooper, 
    397 S.C. 339
    , 
    725 S.E.2d 491
    (2012). In addition, the Court found respondent in criminal and civil
    contempt of this Court for willfully violating the conditions of his six (6) month
    suspension and failing to pay the costs of the disciplinary proceeding. In the
    Matter of Cooper, 
    405 S.C. 579
    , 
    748 S.E.2d 778
    (2013).
    

Document Info

Docket Number: 27534

Citation Numbers: 412 S.C. 620, 773 S.E.2d 584

Filed Date: 6/24/2015

Precedential Status: Precedential

Modified Date: 1/13/2023