In re Giardine

Summary

The Kansas Supreme Court considered attorney-discipline charges against Michael J. Giardine arising from false or misleading statements he made while campaigning for judicial office. The court addressed whether the attorney-discipline authorities had jurisdiction over alleged violations of the Kansas Code of Judicial Conduct by an attorney who was a judicial candidate. The hearing panel recommended published censure based on the violations and mitigating circumstances.

Holdings

1. The Kansas Board for Discipline of Attorneys and the Kansas Commission on Judicial Qualifications have concurrent jurisdiction to investigate misconduct by an attorney acting as a judicial candidate when the conduct implicates both the Kansas Rules of Professional Conduct and the Code of Judicial Conduct.
2. The Kansas Supreme Court had jurisdiction to consider the hearing panel's report, and because Giardine filed no exceptions, the panel's factual findings were deemed admitted.
3. Clear and convincing evidence established that Giardine violated KRPC 8.2(b), Kansas Code of Judicial Conduct Rule 4.1(A)(4), and KRPC 8.4(c) by knowingly making false or misleading statements while campaigning for judicial office.
4. Published censure, rather than a one-year suspension, was the appropriate discipline.

Questions Presented

1. Whether the Kansas Board for Discipline of Attorneys and the Kansas Commission on Judicial Qualifications have concurrent jurisdiction over alleged violations of the Code of Judicial Conduct by an attorney who is a judicial candidate.
2. Whether the Kansas Supreme Court had jurisdiction to review and decide the disciplinary matter.
3. Whether clear and convincing evidence established violations of KRPC 8.2(b), Kansas Code of Judicial Conduct Rule 4.1(A)(4), and KRPC 8.4(c).
4. What discipline should be imposed for the violations.

Disposition

other