In re Phillips

Summary

The Kansas Supreme Court revoked Daniel H. Phillips's supervised probation after he tested positive for cocaine on three occasions, including after being warned that another relapse could result in suspension. The court indefinitely suspended Phillips from practicing law in Kansas, effective September 13, 2000, and ordered compliance with Supreme Court Rule 218 and payment of costs.

Holdings

1. Repeated cocaine use and positive cocaine tests violated the conditions of Phillips's supervised probation, even though he characterized the conduct as relapse during recovery.
2. When an attorney fails to comply with the conditions of supervised probation and fails to show cause why probation should not be revoked, the court may revoke probation and impose appropriate discipline.
3. Indefinite suspension was warranted because Phillips's continued illegal drug use violated probation and placed his legal practice and clients at risk.

Questions Presented

1. Whether Phillips violated the conditions of his supervised probation by repeatedly using cocaine and testing positive for cocaine.
2. Whether the court should revoke supervised probation and impose additional attorney discipline.
3. Whether indefinite suspension was necessary to protect the public.

Disposition

other