Jeremy Joseph Gubin v. Kentucky Bar Association

Summary

The Kentucky Supreme Court approved a negotiated disciplinary sanction against Jeremy Joseph Gubin under SCR 3.480(2). The Court found Gubin guilty of violating SCR 3.130-8.4(b) based on his felony drug-possession conviction and imposed a three-year suspension retroactive to March 30, 2016, subject to conditions concerning diversion supervision, substance-abuse monitoring, and abstinence from illegal drugs and alcohol.

Holdings

1. Under SCR 3.480(2), the Court may exercise its discretion to approve a negotiated disciplinary sanction when the attorney and Bar Counsel agree on the facts, rules violated, and appropriate sanction.
2. Gubin was found guilty of violating SCR 3.130-8.4(b) by committing a criminal act that reflected adversely on his honesty, trustworthiness, or fitness as a lawyer.
3. A three-year suspension, retroactive to March 30, 2016, with conditions requiring completion of the suspension or diversion supervision, KYLAP monitoring, and abstinence from illegal drugs and alcohol, was an adequate and appropriate sanction.

Questions Presented

1. Whether the Court should approve the parties' negotiated disciplinary sanction under SCR 3.480(2).
2. Whether a three-year suspension, retroactive to Gubin's automatic temporary suspension and subject to conditions tied to diversion supervision, substance-abuse monitoring, and sobriety, was an adequate sanction for his admitted professional misconduct.

Disposition

approved