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Pulliam v. Bar Association4/21/2005
der, with the suspension probated for a period of two years on the following terms and conditions:
(1) Movant shall abstain from the consumption of alcoholic beverages;
(2) Movant shall attend or continue to attend regular meetings with his therapist, Henry L. Mayfield, MSW, LCSW of Mayfield and Associates ;
(3) Movant shall sign an authorization allowing the Kentucky Bar Association to review his therapist's records at any time;
(4) A member of the Lawyers Helping Lawyers Committee (hereinafter "Member") has agreed to supervise Movant during his probationary period. Member shall file quarterly reports with the Disciplinary Clerk of the Kentucky Bar Association for distribution to Bar Counsel. These reports shall state if Movant is complying with the terms and conditions of this motion and any court order resulting from this motion. If at any time Member becomes aware of Movant's violation of any of the terms of this motion or the Court's order, Member shall immediately file a notice of such violation(s) with the Disciplinary Clerk of the Kentucky Bar Association for distribution to Bar Counsel and Movant;
(5) Member has the following responsibilities
(a) To obtain an affidavit from the Movant and Movant's therapist with answers to the following questions : (I) whether Movant has abstained from consumption of alcoholic beverages; and (II) whether Movant has continued to attend regular meetings with his therapist during the reporting period ;
(b) To review the records of Hart District and Circuit Courts to determine if Movant has been involved in any alcohol-related incidents during the reporting period ; and
(c) To contact Movant as Member deems appropriate to discharge Member's responsibilities as set forth above;
(6) Movant's personal therapist, Henry L. Mayfield, has agreed to notify the Disciplinary Clerk of the Kentucky Bar Association of any failure by Movant to satisfy the terms of this motion or subsequent Court order. Upon entry of the Court's order memorializing the terms of this motion, Movant will notify Henry L. Mayfield that a report of noncompliance with the probationary terms shall be submitted to Member.
(7) If Movant violates the terms of probation within two years of the date of any Order from the Court resulting from this motion, the Kentucky Bar Association may file a motion with the Supreme Court requesting the issuance of a show cause order directing Movant to show cause, if any, why the sixty-one day suspension should not be imposed ; an,
(8) At the expiration of the probationary period of two years and if Movant has fully complied with the above terms, the order of suspension shall be terminated and all terms of Movant's probation shall be terminated. Additionally, Member shall be discharged from any further responsibilities relating to this motion.
In the event that Movant violates the terms and conditions of his probation, he must notify all of his clients regarding his suspension from the practice of law and the underlying reasons which led to said suspension. In addition, Movant is to pay all costs connected with the proceedings of this instant matter.
Wherefore, the motion of Movant, Arthur W. Pulliam, is hereby granted as set forth above.
Lambert, C.J.; Cooper, Graves, Keller, Stumbo and Wintersheimer, JJ., concur.
Johnstone, J., concurs with the Opinion, except that he would not dismiss Count Ill.
Dated: September 26, 2002.
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