In re Hardy

303 Kan. 1071 (2016) · Supreme Court of Kansas · March 25, 2016 · No. No. 114,752

Summary

The Supreme Court of Kansas disciplined David A. Hardy for violating KRPC 8.4(b) and 8.4(g) after his third felony conviction for driving under the influence of alcohol. The court imposed a two-year suspension, retroactive to January 7, 2015, and assessed proceeding costs against him.

Holdings

  1. Hardy's felony conviction for a third DUI violated KRPC 8.4(b) because the criminal conduct adversely reflected on his fitness as a lawyer.
  2. Hardy's operation of a vehicle under the influence of alcohol and resulting third DUI conviction violated KRPC 8.4(g) because the conduct adversely reflected on his fitness to practice law.
  3. A two-year suspension from the practice of law was appropriate and was properly made retroactive to January 7, 2015, the date of Hardy's temporary suspension.

Questions Presented

  1. Whether Hardy violated KRPC 8.4(b) by committing a criminal act that adversely reflected on his honesty, trustworthiness, or fitness as a lawyer.
  2. Whether Hardy violated KRPC 8.4(g) by engaging in conduct that adversely reflected on his fitness to practice law.
  3. What discipline was appropriate for the violations, including whether the suspension should be retroactive to the date of Hardy's temporary suspension.

Disposition

other

Cases Cited (3)

  • 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)

Cited In (0)

No citing cases on record yet.

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