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Pulliam v. Bar Association4/21/2005
TO BE PUBLISHED
OPINION AND ORDER
Arthur Woodson Pulliam, whose last known bar roster address is 300 West Main Street, Munfordville, Kentucky 42765, was admitted to the practice of law in this Commonwealth on October 21, 1994. By Opinion and Order of this Court entered September 22, 2002, Pulliam was suspended for sixty-one (61) days, probated for a period of two years. Pulliam v. Kentucky Bar Association, 84 S.W.3d 455 (Ky. 2002). The suspension was the result of the Inquiry Commission charging Pulliam with violations of: (1) SCR 3.130-1.7(b), by (a) filing a lawsuit and attempting to execute judgment of such lawsuit against a client, and (b) continuing to represent that same client after initiating and participating in the criminal prosecution of that client; (2) SCR 3.130-3.4(f), by presenting and participating in the criminal prosecution of his client for the sole purpose of collecting an unenforceable debt; and (3) SCR 3.130-8.3(b), for a conviction of a second DUI offense. As part of his probation, Pulliam agreed to numerous conditions, the first being "Movant shall abstain from the consumption of alcoholic beverages."
Pulliam's two-year probation would have expired on September 26, 2004. However, on August 18, 2004, Pulliam was arrested in Hart County for driving under the influence and reckless driving. The Uniform Citation indicates that the arresting officer detected the odor of alcohol on Pulliam's breath and that he failed three field sobriety tests. Although the citation notes that blood and urine samples were taken, a breathalyzer was apparently not administered.
The Kentucky Bar Association (KBA) subsequently moved this Court for an order requiring Pulliam to show cause why the sixty-one (61) day suspension should not be imposed for violation of his probation agreement. An order was entered by this Court on December 16, 2004, granting Pulliam thirty (30) days to show cause why he should not be suspended from the practice of law. Pulliam failed to respond.
Accordingly, we now grant the KBA's motion to commence Pulliam's sixty-one
(61) day suspension. Therefore, IT IS HEREBY ORDERED THAT:
(1) Arthur W. Pulliam is suspended from the practice of law in the Commonwealth of Kentucky for a period of sixty-one (61) days. The period of suspension shall commence on the date of entry of this order.
(2) Pursuant to SCR 3.390, Pulliam shall, within ten (10) days from the entry of this Opinion and Order, notify all clients in writing of his inability to represent them, notify all courts in which he has matters pending of his suspension from the practice of law, and furnish copies of said letters of notice to the Director of the KBA.
(3) In accordance with SCR 3.450, Pulliam is directed to pay all costs associated with these disciplinary proceedings against him, for which execution may issue from this Court upon finality of this Opinion and Order.
All concur.
OPINION AND ORDER
Movant, Arthur W. Pulliam, of Munfordville, Kentucky, seeks this Court to enter an order suspending him from the practice of law for sixty-one days, probated for two years with conditions. Respondent, the Kentucky Bar Association (KBA), had no objections to this motion. For the reasons set forth below, we grant Movant's request.
On November 14, 1997, a civil action was commenced in the Hart Circuit Court against Steven S. Woosley, Patricia L. Woosley, and others. Pedigo v. Woosley No. 97-CI-00229. Mr. Woosley was represented by Movant in the above-mentioned action. On or about April 27, 1998, Mr. Woosley and Movant entered into a residential rental agreement, wit
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