Kentucky Bar Association v. Douglas C. Brandon ( 2005 )

TO BE PUBLISHED
AS MODIFIED : JANUARY 302006
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KENTUCKY BAR ASSOCIATION MOVANT
V. IN SUPREME COURT
DOUGLAS C . BRANDON RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association (KBA) requests this Court enter an Order
confirming the automatic temporary suspension of Douglas C . Brandon (Mr. Brandon),
pursuant to SCR 3 .166. Mr. Brandon, a member of the KBA, no. 07170, was admitted
to the practice of law in this Commonwealth on August 1, 1970 . He was convicted on
June 26, 2003 in the United States District Court for the Southern District of New York
of one (1) count of conspiracy to commit securities fraud and wire fraud in violation of
18 U.S .C . § 371, two (2) counts of securities fraud in violation of 15 U.S .C . § 78j(b) &
78ff, and 17 C .F .R . § 240.10b-5, and four (4) counts of wire fraud in violation of 18
U .S.C . § 1343 and 1346 . On June 1, 2005, the judgment of conviction in the criminal
case was entered against Mr. Brandon . SCR 3.166 provides that:
Any member of the Kentucky Bar Association who pleads
guilty to, or is convicted by a judge or jury of, a felony in
this State or in any other jurisdiction shall be automatically
suspended from the practice of law in this Commonwealth .
"Felony" means an offense for which a sentence to a term
of imprisonment of at least one (1) year was imposed. The
imposition of probation or parole or any other type of
discharge prior to the service of sentence, if one is
imposed, shall not affect the automatic suspension . The
suspension shall take effect automatically beginning on the
day following the plea of guilty or finding of guilt by a judge
or jury or upon the entry of judgment whichever occurs
fi rst.
Although Mr. Brandon was found guilty by a jury in the United States
District Court for the Southern District of New York on June 26, 2003, the rule in effect
at that time did not allow for automatic suspension upon a felony conviction in other
jurisdictions . Accordingly, pursuant to SCR 3.166 as amended on January 1, 2004, Mr.
Brandon was temporarily suspended beginning June 2, 2005, the day following the
entry of judgment.
Therefore it is ORDERED that:
1 . Douglas C . Brandon's automatic temporary suspension is hereby
confirmed, pursuant to SCR 3 .166, effective from June 2, 2005, until
superseded by subsequent Order .
2 . Notice and publication of this Order is granted for the benefit of all
members of the bar and public .
3. Mr. Brandon shall comply with the provisions of SCR 3 .390 regarding
notification of clients of his suspension.
All concur, except Roach, J ., not sitting .
ENTERED : October 20, 2005 .
COUNSEL FOR MOVANT :
Bruce K. Davis, Executive Director
Jay R . Garrett, Deputy Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
COUNSEL FOR RESPONDENT:
Jason L. Hargadon
GETTY KEYSTER & MAYO, LLP
1900 Lexington Financial Center
250 West Main Street
Lexington, KY 40507-1737
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2005-SC-000718-KB
KENTUCKY BAR ASSOCIATION MOVANT
V. IN SUPREME COURT
DOUGLAS C . BRANDON RESPONDENT
ORDER OF CORRECTION
The Opinion and Order of the Court entered October 20, 2005, is hereby
corrected on its face by substitution of the attached page 1 in lieu of the original page 1
of the Opinion and Order . The purpose of this Order of Correction is to correct a
citation error and does not affect the holding of the Opinion .
ENTERED : January 30, 2006.