Summary
The Kansas Supreme Court disciplined Jared Warren Holste for professional misconduct arising from his simultaneous roles as a private attorney and Rawlins County Attorney. The court found violations involving conflicts of interest, improper use of prosecutorial authority to threaten criminal charges in a civil dispute, lack of candor in obtaining a default judgment, and other related conduct. Holste was suspended for two years but permitted to seek early reinstatement after six months subject to an approved 18-month probation plan.
Holdings
- The evidence established by clear and convincing evidence that Holste violated KRPC 1.7(a), 1.11(c)(1), 3.1, 3.3(d), 4.4(a), 8.4(d), and 8.4(e).
- A two-year suspension from the practice of law was warranted, with permission to seek early reinstatement after six months upon submission of an approved 18-month probation and supervision plan.
Questions Presented
- Whether the stipulated and uncontested facts established violations of KRPC 1.7(a), 1.11(c)(1), 3.1, 3.3(d), 4.4(a), 8.4(d), and 8.4(e).
- What discipline should be imposed for Holste's multiple acts of professional misconduct, including misuse of prosecutorial authority to benefit a private civil client.
Disposition
other
Cases Cited (15)
- In re Foster, 292 Kan. 940, 945, 258 P.3d 375 (2011)(followed)
- In re Lober, 288 Kan. 498, 505, 204 P.3d 610 (2009)(followed)
- In re Dennis, 286 Kan. 708, 725, 188 P.3d 1 (2008)(followed)
- In re Kline, 298 Kan. 96, 212-13, 311 P.3d 321 (2013)(followed)
- In re Kline, 298 Kan. 96, 219, 311 P.3d 321 (2013)(followed)
- In re Swarts, 272 Kan. 28, 55, 30 P.3d 1011 (2001)(followed)
- State v. Pabst, 268 Kan. 501, 510, 996 P.2d 321 (2000)(followed)
- In re Kraushaar, 258 Kan. 772, 777, 907 P.2d 836 (1995)(followed)
- Michael v. Matson, 81 Kan. 360, 367, 105 P. 537 (1909)(followed)
- Garbriel v. McMullin, 127 Iowa 426, 429-30, 103 N.W. 355 (1905)(followed)
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