In re Holste

302 Kan. 880 (2015) · Supreme Court of Kansas · October 9, 2015 · No. No. 113,970

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

  1. 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).
  2. 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

  1. 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).
  2. 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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