In Re Ruther

Summary

The Kansas Supreme Court imposed indefinite suspension on Scott L. Ruther for violations involving commingling personal and client funds, mishandling interest earned on client funds, making a false trust-account certification, and failing to answer the disciplinary complaint. The court also emphasized Ruther’s repeated noncooperation with the disciplinary process and made the suspension retroactive to October 11, 2006.

Holdings

1. The hearing panel's findings of fact were supported by clear and convincing evidence, and those findings supported the conclusions that Ruther violated KRPC 1.15(d)(1), KRPC 1.15(d)(3)(iii), KRPC 1.15(e), and Supreme Court Rule 211(b).
2. Indefinite suspension was the appropriate discipline because Ruther's repeated and intentional noncooperation with the disciplinary process rendered lesser discipline inappropriate.

Questions Presented

1. Whether the hearing panel's findings and conclusions that Ruther violated KRPC 1.15(d)(1), KRPC 1.15(d)(3)(iii), KRPC 1.15(e), and Supreme Court Rule 211(b) were supported by the evidence.
2. Whether indefinite suspension was the appropriate discipline for Ruther's trust-account violations, false certification, failure to answer, and persistent noncooperation with the disciplinary process.

Disposition

other