In re Herron

Summary

The Kansas Supreme Court imposed a 60-day suspension on attorney David E. Herron II in an original disciplinary proceeding. The court adopted findings that Herron violated rules concerning confidentiality, candor toward a tribunal, dishonesty or misrepresentation, and conduct prejudicial to the administration of justice.

Holdings

1. Herron violated KRPC 1.6(a) by revealing confidential information obtained from D.J. concerning her knowledge of how to defeat urinalysis testing without her informed consent.
2. The evidence did not clearly and convincingly establish that Herron knowingly violated KRPC 3.3(a)(1) when he stated that D.J. had tested clean for 16 weeks.
3. Herron violated KRPC 3.3(a)(1) and (d) by misleading the court about the prosecutor's position and by failing to disclose that he had not spoken with the prosecutor and did not know whether the prosecutor objected to recalling the warrant.
4. Herron violated KRPC 8.4(c) through dishonest and misleading conduct in the R.B. matter and violated KRPC 8.4(d) by preparing a journal entry containing inaccurate and false information for submission to the court.
5. A 60-day suspension from the practice of law was warranted.

Questions Presented

1. Whether Herron violated KRPC 1.6(a) by disclosing confidential client information to court services officers without client consent or an applicable exception.
2. Whether Herron knowingly violated KRPC 3.3(a)(1) by stating during D.J.'s representation that she had tested clean for 16 weeks.
3. Whether Herron violated KRPC 3.3(a)(1) and (d) during R.B.'s representation by making misleading statements and failing to disclose material facts during an ex parte proceeding.
4. Whether Herron violated KRPC 8.4(c) and (d) through dishonest conduct and conduct prejudicial to the administration of justice.
5. What discipline should be imposed for the proven violations.

Disposition

other