Friday, March 9, 2018
A disciplinary matter argued this week before the Kansas Supreme Court involved a situation characterized by the Deputy Disciplinary Administrator as one that has "never been presented in the history of our office."
Deputy Administrator Kimberly Knoll advised the court that the respondent had appeared for his bar hearing and was asked by the panel when he had last consumed alcohol. He responded that it had been during the Super Bowl four days before the hearing.
The panel was concerned that he was impaired and had him transported for testing. Two tests were administered resulting in a 1.85 and (second test) 2.00 blood alcohol content.
The disciplinary counsel here seeks an temporary suspension pending the ongoing proceedings and that he be tested for impairment at the reset hearing date.
Respondent appeared and argued against a temporary suspension.
He conceded that he drove himself to the bar hearing and that he had lied about when he had last had a drink to the hearing panel.
He also raised the results of a drug test administered on February 15 in which he tested positive for morphine. He attributed the result to poppy seeds that he had eaten while alone on Valentine's Day.
When asked by the court about his way of treating his drinking, he responded "abstinence."
In rebuttal, Deputy Administrator Knoll noted that she had googled the poppy seed explanation and that it was reported to her that he smelled of alcohol at this proceeding.
I am always favorably impressed by the high quality of advocacy of Ms. Knoll and her colleagues with the Kansas Disciplinary Administrator's Office. (Mike Frisch)