Kentucky Bar Association v. Whitehead

Summary

The Supreme Court of Kentucky imposed reciprocal discipline on Kenneth J. Whitehead after the Supreme Court of Arizona suspended him from practicing law for four years. The court ordered a four-year Kentucky suspension, restitution of $112,464.80 to former clients, conditional reinstatement, payment of proceeding costs, and client-notification requirements.

Holdings

1. The Kentucky Supreme Court must impose identical reciprocal discipline because Whitehead failed to establish any SCR 3.435(4) exception by substantial evidence.
2. A final adjudication of attorney misconduct in another jurisdiction conclusively establishes the same misconduct for purposes of a Kentucky reciprocal-discipline proceeding.
3. Whitehead's four-year Kentucky suspension would begin on the date of entry of the Kentucky Opinion and Order rather than run concurrently with the prior Arizona suspension.

Questions Presented

1. Whether the Kentucky Supreme Court was required to impose reciprocal discipline after Whitehead failed to show cause why the Arizona discipline should not be imposed identically.
2. Whether Whitehead's Kentucky suspension should run concurrently with his Arizona suspension or begin when the Kentucky order was entered.
3. What restitution, reinstatement, cost, and client-notification conditions should accompany the reciprocal suspension.

Disposition

other