Kentucky Bar Ass'n v. Marcum

Summary

The Kentucky Supreme Court adopted the Kentucky Bar Association Board of Governors' recommendation to permanently disbar Leo Marcum. The court found Marcum guilty of committing six felony counts involving failure to file Kentucky income tax returns and failing to respond to disciplinary authorities. The court also ordered compliance with client-notification requirements and payment of $1,443.93 in proceeding costs.

Holdings

1. The court adopted the Board of Governors' finding that Marcum violated former SCR 3.130-8.3(b) and current SCR 3.130-8.4(b) by committing six felony offenses involving failure to file Kentucky state income taxes.
2. The court adopted the Board's finding that Marcum violated SCR 3.130-8.1(b) by knowingly failing to respond to lawful demands for information from the Kentucky Bar Association's disciplinary authority.
3. Permanent disbarment was warranted and was imposed because Marcum's six felony offenses, failure to respond to disciplinary authorities, and extensive prior disciplinary record demonstrated conduct sufficient to justify permanent removal from the practice of law.

Questions Presented

1. Whether Marcum violated the applicable Kentucky Rules of Professional Conduct by committing criminal acts that reflected adversely on his honesty, trustworthiness, or fitness as a lawyer.
2. Whether Marcum violated SCR 3.130-8.1(b) by knowingly failing to respond to lawful demands for information from a disciplinary authority.
3. Whether permanent disbarment was the appropriate sanction in light of the six felony convictions, the failure to respond, and Marcum's extensive prior disciplinary history.

Disposition

other