Friday, August 19, 2022

Permanent Disbarment For Failure To Pay Support

The Kentucky Supreme Court has permanently disbarred an attorney for repeated failure to pay child support

In this Court’s 2015 opinion regarding Respondent’s failure to pay child support, the Court warned of potential consequences if Respondent continued his pattern of habitual nonpayment. “[S]hould he maintain his pattern of
habitual nonpayment, the discipline will be much more severe in the event that another complaint on these grounds comes before this Court.” Morgan, 465 S.W.3d at 451. Despite Respondent’s assertions that he was financially unable
to afford his child support obligations and numerous attempts to reduce those obligations, Respondent was put on notice that continued nonpayment would result in serious consequences.

Issue preclusion

We also consider Respondent’s conviction for flagrant nonsupport. In disciplinary proceedings, the fact of a criminal conviction “forecloses further inquiry into the issue of respondent's guilt or innocence of the [criminal] offense.” KBA v. Lester, 437 S.W.2d 958, 959 (Ky.1968). The Court is troubled by Respondent’s repeated misconduct and nonsupport. In light of the evidence of record, we agree with the Trial Commissioner’s recommendation of permanent disbarment.

(Mike Frisch)

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