In the Matter of Michael F. Brunton

Summary

The Kansas Supreme Court addressed an uncontested attorney-discipline proceeding involving Michael F. Brunton. The court adopted findings that Brunton violated professional-conduct rules through misconduct in a bankruptcy case and willful failure to file income-tax returns. Rather than impose an immediate suspension, the majority continued specified treatment, tax-payment, monitoring, and substance-abuse conditions for two years, with a six-month immediate suspension favored by a minority.

Holdings

1. Brunton violated KRPC 3.1 by failing to provide proper notice to the creditor in Fisher's bankruptcy case and by asserting a plan provision seeking discharge of criminal restitution despite the absence of a nonfrivolous basis.
2. Brunton's willful failure to file income tax returns, for which he pleaded guilty to a federal criminal charge, violated KRPC 8.4(b) because the criminal conduct reflected adversely on his honesty and trustworthiness.
3. Brunton engaged in conduct prejudicial to the administration of justice by refusing to amend the bankruptcy plan after learning that its restitution-discharge provision was improper.
4. Immediate imposition of a disciplinary sanction other than continuation of conditions was not necessary; imposition of any additional sanction was suspended for two years subject to specified treatment, tax-compliance, monitoring, and drug-testing conditions.

Questions Presented

1. Whether Brunton violated KRPC 3.1 by asserting a frivolous bankruptcy-plan provision and failing to provide proper notice to the restitution creditor.
2. Whether Brunton's willful failure to file income tax returns constituted professional misconduct under KRPC 8.4(b).
3. Whether Brunton's refusal to correct the bankruptcy plan constituted conduct prejudicial to the administration of justice under KRPC 8.4(d).
4. What discipline should be imposed for the stipulated violations.

Disposition

other