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Dunn v. Bar Association4/21/2005
TO BE PUBLISHED
OPINION AND ORDER
Steven R. Dunn, of Providence, Kentucky was admitted to practice law in the Commonwealth of Kentucky on October 3, 1979. Seeking reinstatement from disciplinary suspension, he moves this Court to rule that he has not been suspended for a period exceeding five years thereby alleviating him of the test requirements of SCR 3.510(4). He asks that he be allowed to proceed under SCR 3.510(3) which does not require him to take an examination prior to reinstatement.
Dunn is the same attorney we have addressed in two cases, Kentucky Bar Association v. Dunn, 965 S.W.2d 158 (Ky. 1998) (Dunn I) and Kentucky Bar Association v. Dunn, 90 S.W.3d 461 (Ky. 2002) (Dunn II).
This Court rendered Dunn I, dated March 19, 1998. We suspended him for a period of six months probated for two years. Among the facts stated therein, Dunn had been arrested on June 13, 1996 and initially charged with four class D felony counts of first-degree wanton endangerment. A police officer witnessed Dunn driving on the wrong side of the road causing at least four other drivers to drive off the road to avoid collision. When the officer attempted to pull him over, Dunn sped up and drove about five miles before pulling into a driveway. In addition to the probated suspension, the order required that Dunn abstain from intoxicating drinks and attend the Alcoholics Anonymous meetings as he promised the Board of Governors that he would.
On September 30, 1998, Dunn was indicted in Hopkins Circuit Court for Assault, first degree. The facts underlying the indictment were based on an accident occurring due to a second offense DUI on March 10, 1997. This accident resulted in injuries to the driver of another vehicle struck by Dunn. Victim impact statements cited in Dunn II state that the tragic injuries sustained included crushed vertebrae, facial lacerations requiring plastic surgery , and loss of peripheral vision.
On August 30, 1999, he entered a guilty plea to second-degree assault, which automatically suspended him. SCR 3.166(1). In November 1999, he was sentenced to seven years imprisonment. In February 2000, his motion for shock probation was granted with the terms that he be placed on probation for five years, or until February of 2005.
On September 11, 2000, Dunn had applied to be reinstated. The reinstatement was not possible during that time because the Inquiry Commission had charges developing and pending regarding the second-degree assault. The KBA had placed the application in abeyance pending the resolution of the disciplinary charges.
In Dunn II, we addressed Dunn's first application for reinstatement and held that the KBA was not estopped from seeking further charges stemming from the underlying facts and that a conviction for second-degree assault warranted suspension from the practice of law while he remained on criminal probation. We suspended him until his criminal probation for the second-degree assault ended, that is, until February 2005. Among the reasons we gave for the length of the suspension was that Dunn could be imprisoned again if he failed to comply with the terms of his probation. At no time since 1999, has this Court reinstated Dunn to the practice of law.
In sum, Dunn pleaded guilty to second-degree assault, incurring automatic suspension on August 30, 1999, and in 2002, we imposed suspension to last until the end of his probation, February 2005. This Court has not yet reinstated Dunn to the practice of law after his automatic suspension incurred on August 30, 1999.
As it stands now, the Character and Fitness Committee has approved Dunn's application for reinstatement
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