Kentucky Bar Association v. Byron Kemp Howard

Summary

The Kentucky Supreme Court adopted the Kentucky Bar Association Board of Governors' recommendation to permanently disbar Byron Kemp Howard. The court found violations arising from Howard's Alford plea to manufacturing methamphetamine and his failure to respond to disciplinary inquiries and charges. The order also imposed notification obligations and assessed $201.98 in disciplinary costs.

Holdings

1. When neither Bar Counsel nor the respondent files a notice of review, the Supreme Court of Kentucky may adopt the Board of Governors' decision under SCR 3.370(9), and the court elected to do so in this case.
2. Howard violated SCR 3.130-8.4(b) by committing the criminal act reflected in his conviction for manufacturing methamphetamine.
3. Howard violated SCR 3.130-8.1(b) by knowingly failing to respond to lawful demands for information from the KBA's disciplinary authority.
4. Permanent disbarment was the appropriate sanction for Howard's violations.

Questions Presented

1. Whether the Supreme Court of Kentucky should adopt the Kentucky Bar Association Board of Governors' recommendation of permanent disbarment in a default disciplinary proceeding.
2. Whether Howard's felony conviction for manufacturing methamphetamine violated SCR 3.130-8.4(b).
3. Whether Howard's failure to respond to the Inquiry Commission's investigative inquiries violated SCR 3.130-8.1(b).

Disposition

other