In the Matter of Joseph C. Minneman

Summary

The Kansas Supreme Court reviewed a disciplinary proceeding against Joseph C. Minneman, who had been convicted in federal court of conspiracy to commit income tax fraud and disbarred in Illinois. The court adopted findings that he violated Kansas professional-conduct rules by engaging in dishonest criminal conduct and failing to report his conviction and Illinois disbarment, and ordered his disbarment in Kansas.

Holdings

1. Under Supreme Court Rule 202, a final adjudication in another jurisdiction that a lawyer committed misconduct conclusively establishes that misconduct for purposes of a Kansas disciplinary proceeding; the respondent may not collaterally challenge the underlying conviction or disbarment.
2. The hearing panel's findings and conclusions that Minneman violated KRPC 8.4(b), KRPC 8.4(c), KRPC 8.3(a), and Supreme Court Rule 207(c) were supported by substantial, clear, convincing, and satisfactory evidence.
3. Disbarment is the appropriate discipline for Minneman's egregious misconduct involving a federal conspiracy to commit income tax fraud, resulting conviction and imprisonment, Illinois disbarment, and failure to report the conviction and disbarment in Kansas.

Questions Presented

1. Whether Kansas could discipline Minneman based on misconduct occurring in Illinois and established by his federal conviction and Illinois disbarment.
2. Whether the hearing panel's findings that Minneman violated KRPC 8.4(b), KRPC 8.4(c), KRPC 8.3(a), and Supreme Court Rule 207(c) were supported by the required evidentiary standard.
3. Whether disbarment was the appropriate discipline.

Disposition

other