Summary
The Kentucky Supreme Court approved a negotiated sanction under SCR 3.480(2) resolving disciplinary charges against Kyle Anthony Burden. The Court found that Burden practiced law while suspended for CLE noncompliance, publicly reprimanded him, and ordered him to pay $96.57 in costs.
Topics
Practice areas
Questions Presented
- Whether the Court should approve the parties' negotiated sanction under SCR 3.480(2).
- Whether a public reprimand was an adequate sanction for Burden's admitted practice of law and representation of clients while suspended.
Holdings
- Under SCR 3.480(2), the Court has discretion to approve a negotiated disciplinary sanction when the member and Bar Counsel agree on the facts, rules violated, and appropriate sanction, or to remand the matter for further proceedings.
- A public reprimand was an adequate sanction for Burden's admitted violations of Rules of Professional Conduct 5.5(a) and 5.5(b)(2), notwithstanding his prior disciplinary history and the Court's concerns about his claimed lack of knowledge of the suspension.
Key quotations
“Thus, acceptance of the proposed negotiated sanction falls within the discretion of the Court.” (3)
“Nonetheless, after reviewing the allegations, the admitted facts, and Burden's previous disciplinary record, this Court concludes that the proposed resolution of this matter is adequate, if imperfect.” (5)
Factual background
Burden, a Kentucky lawyer, was suspended for CLE noncompliance beginning January 23, 2014, but continued appearing in court, representing clients, communicating with opposing counsel, and remaining counsel of record in several matters. He admitted the conduct underlying three KBA files and agreed that it violated Rules of Professional Conduct 5.5(a) and 5.5(b)(2). His prior discipline included a private reprimand, a probated thirty-day suspension, and the CLE-related suspension involved in this case.
Procedural history
The Inquiry Commission issued charges alleging that Burden practiced law and represented clients while suspended for continuing legal education noncompliance. Burden admitted the charged conduct and agreed with Bar Counsel to resolve the proceedings by public reprimand. The Supreme Court of Kentucky reviewed and approved the negotiated sanction.