In Re Gribble ( 1997 )

Per Curiam:

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Stuart W. Gribble, of Wichita, an attorney licensed to practice law in the state of Kansas. While practicing law, Gribble served as a part-time hearing officer for the Kansas Department of Revenue, presiding over driver’s license suspension hearings. While acting in that capacity, the respondent dismissed eight cases of persons who had employed him as an attorney to represent them in their DUI cases.

The respondent dismissed at least five of his clients’ pending driver’s license suspension cases while acting in his capacity as a hearing officer. As many as three of the cases were set on the docket of a second hearing officer, and the respondent marked that docket to show that the pending hearings had been “reset.” The truth was that the respondent had dismissed those cases and marked them “reset” to hide the fact from the second hearing officer that the respondent had dismissed the cases.

In addition, the respondent told the investigator in one case that the arresting officer had agreed to the dismissal. This was false.

The respondent acknowledges that it was improper for his clients to appear before him as a hearing officer and that his actions con stituted violations of MRPC 1.11 (1996 Kan. Ct. R. Annot. 295) and MRPC 8.4(c) and (d) (1996 Kan. Ct. R. Annot. 350).

The hearing panel received stipulated evidence, heard testimony concerning the reasons for the respondent’s conduct, and heard evidence concerning the proposed plan of rehabilitation. The panel recommended that the respondent be suspended from the practice of law for a period of 2 years from the date he voluntarily ceased to practice law (January 1, 1996) and that his readmission to the bar be subject to an evaluation for alcohol usage by an appropriately qualified health care provider to ensure that his use of alcohol does not interfere with his ability to practice law.

The panel’s findings and recommendations are advisory only and are not binding on the court. State v. Phelps, 226 Kan. 371, 378-79, 598 P.2d 180 (1979); State v. Johnson, 219 Kan. 160, 546 P.2d 1320 (1976). It is the responsibility of this court to examine the evidence and determine for itself the discipline to be imposed. See State v. Klassen, 207 Kan. 414, 415, 485 P.2d 1295 (1971).

Here, a minority of the court would disbar the respondent if the respondent had been charged with the more serious charges which were available and the case presented to the panel supported the more serious charges. A majority of the court is of the opinion that the record before this court warrants indefinite suspension.

It Is Threefore Ordered that the respondent, Stuart W. Gribble, be indefinitely suspended from the practice of law. If the respondent is readmitted to the bar, his readmittance is subject to a favorable recommendation from a qualified health care provider, to be named by the Disciplinary Administrator, to ascertain if the respondent’s use of alcohol interferes with his ability to practice law.

It Is Further Ordered that the respondent shall comply with the provisions of Supreme Court Rule 218 (1996 Kan. Ct. R. An-not. 226) and, at the end of the indefinite suspension or anytime thereafter, shall comply with Supreme Court Rule 219 (1996 Kan. Ct. R. Annot. 234).

It Is Further Ordered that this order be published in the official Kansas Reports and that the respondent pay the costs of these proceedings.