John David Inman v. Kentucky Bar Association ( 2022 )

TO BE PUBLISHED
Supreme Court of Kentucky
2021-SC-0570-KB
JOHN DAVID INMAN MOVANT
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER
On December 17, 2021, John David Inman (Inman), moved this Court for
the entry of an order suspending him from the practice of law for 30 days,
probated for one year with conditions, for violating SCR 3.130(8.4)(b), as
charged in KBA File No. 20-DIS-0246. Thereafter, the Kentucky Bar
Association (KBA) filed a response that they have no objection to the order as
requested. This Court hereby enters said 30 day suspension, probated for one
year with conditions, for violating SCR 3.130(8.4)(b).
I. BACKGROUND
Inman, KBA member number 95576, was admitted to practice law in the
Commonwealth on October 18, 2013. His address is 651 Comanche Trail,
Frankfort, KY 40601.
On June 28, 2020, Inman and his former fiancée were involved in a
domestic dispute. She was treated at the hospital for bruising she received
around her left eye, she also claims to have temporarily lost consciousness.
Inman was arrested as a result. He was charged with Assault 4th Degree
(Domestic Violence) Minor Injury, a Class A Misdemeanor. Inman1 entered an
Alford plea to the assault charge on December 8, 2020. He was sentenced to
180 days in jail, suspended for 12 months on conditions that he pay restitution
and have no contact with the victim for a year. Inman provided the court with
proof of payment of restitution on May 11, 2021.
As a result of his criminal action, Inman sought the help of a therapist
and he was diagnosed with Adjustment Disorder with a Specificity of Anxiety.
Inman’s mental health condition manifested itself in the form of hypervigilance
and extreme anxiety, resulting in him sometimes overreacting to non-dire
stressors and/or causing him to act irrationally. Inman has started therapy
and has been successful in developing healthier, more appropriate responses to
stressors.
Inman was also having issues with alcohol. He started attending
Alcoholics Anonymous. He and his ex-wife reached an agreement, concerning
custody of their child, that Inman submit to monitoring of his blood alcohol
content twice daily for three months.
1 Commonwealth v. Inman, Franklin District Court, Case No. 20-M-585.
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Inman was diagnosed with adult onset Attention Deficit Hyperactivity
Disorder (ADHD), this also affected the anxiety and stress he experienced with
his Adjustment Disorder.
Inman has been managing his conditions with daily prescribed
medication. He has noted a significant difference in his daily stress level, his
ability to be productive in his personal and professional settings. He also notes
significant changes in his ability to think and act more rationally.
Inman agrees to also submit to an assessment with the Kentucky
Lawyers Assistance Program (KYLAP).
II. CHARGES
Count 1. Violation of SCR 3.130(8.4)(b) – “It is a professional misconduct
for a lawyer to . . . commit a criminal act that reflects adversely on the lawyer’s
honesty, trustworthiness or fitness as a lawyer in other respects.” Movant
admits his conduct violated this rule.
III. ANALYSIS
In support of the 30 day suspension, the KBA cites Kentucky Bar Ass’n v.
Hemming 152 S.W.3d 865 (Ky. 2005). Hemming assaulted his mother and
caused minor injuries. He pled guilty to 4th degree assault and he was
sentenced to 12-month term of incarceration, 90 days to serve, the remainder
probated for two years of supervised probation. Hemming served his 90 days
in home incarceration, he also underwent 30 days of inpatient domestic
violence offender treatment, substance and alcohol evaluation and treatment,
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and a psychiatric evaluation and treatment. Hemming self-reported to the KBA
and expressed his regret and cooperation with the investigation.
Inman also reported his conviction to KBA and has cooperated with the
investigation. The proposed one-year probation is the same length as in his
criminal case.
Inman admits that he violated SCR 3.130(8.4)(b). Inman and the KBA
agree to an order suspending him from the practice of law for 30 days,
probated for one year with conditions.
Therefore, the Court Orders:
1.) Inman is hereby suspended from the practice of law for 30 days,
probated for one year.
2.) Inman is hereby ordered to pay all costs of these proceedings
pursuant to SCR 3.450.
3.) Inman shall not commit any crimes, including misdemeanors or
felonies.
4.) Inman shall not receive any disciplinary charges against him.
5.) Within 10 days of the entry of this order, Inman must contact KYLAP
to schedule an assessment, complete the assessment and comply with
any recommendations made by KYLAP. Inman must also sign an
authorization allowing Office of Bar Counsel (OBC) to directly
communicate with and obtain information from the Director of KYLAP.
Inman shall also provide quarterly reports to the OBC showing his
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compliance with any terms and conditions set by KYLAP regarding his
mental health assessment.
6.) Inman agrees that if he violates any terms of probation within one
year of the date of the Court order, the KBA may file a motion with the
Court requesting the issuance of a show cause order directing Inman
to show cause, if any, why the 30-day suspension should not be
imposed.
All sitting. All concur.
ENTERED: February 24, 2022.
______________________________________
CHIEF JUSTICE
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