Kimberly Lynn Bunton v. Kentucky Bar Association ( 2015 )

AMENDED: OCTOBER 29, 2015
TO BE PUBLISHED
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KIMBERLY LYNN BUNTON MOVANT
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER
Pursuant to SCR 3.480(2), the negotiated sanction rule, Movant,
Kimberly Lynn Buntonl moves this Court to impose upon her a one-year
suspension, to be probated for two years, conditioned upon Movant incurring
no further criminal or disciplinary charges, and further conditioned upon
Movant fully complying with the terms of her conditional discharge in
Commonwealth v. Bunton, Jefferson Circuit Court No. 10-CR-02767. The
Kentucky Bar Association (KBA) has no objection to Movant's request.
I. KBA FILE NO. 16822
While Movant was employed as the director of the Metro Louisville
Department of Housing and Family Services, she knowingly violated rules or
regulations relating to her office in connection with public benefits received by
1 KBA Member No. 87650; bar roster address, 4311 River Park Drive, Louisville,
Kentucky 40211. Movant was admitted to the practice of law May 3, 1999.
her mother. In August 2014, Movant entered an Alford plea to two counts of
first-degree official misconduct, a Class A misdemeanor. As a result of these
convictions, Movant was sentenced to twelve months on each count with the
sentences to run concurrently, for a total of 12 months. This sentence was
conditionally discharged for two years, or until restitution in the amount of
$8,885.00 is paid, whichever is longer.
As a result of the above conduct, the Inquiry Commission alleged Movant
violated SCR 3.130(8.4)(b) 2 for professional misconduct in committing "a
criminal act that reflects adversely on the lawyer's honesty, trustworthiness or
fitness as a lawyer in other respects"; and SCR 3.130(8.4)(c) 3 for professional
.
misconduct in "engaging in conduct involving dishonesty, fraud, deceit or
misrepresentation."
II. DISCIPLINE
Movant admitted to professional misconduct by violating the cited
Kentucky Supreme Court Rules for each Charge issued by the Inquiry
Commission in this matter as set forth above. Under SCR 3.480(2), Movant
and the KBA have further agreed to the imposition of discipline and now ask
this Court to impose the agreed upon sanction of a one-year suspension, to be
probated for two years, conditioned upon her abiding by the terms of her
conditional discharge in her Jefferson County criminal case, and upon
incurring no further criminal or disciplinary charges.
2 Formerly 3.130(8.3)(b).
3 Formerly 3.130(8.3)(c).
2
After reviewing the record, the applicable ethical standards, and other
relevant authorities, this Court concludes that the discipline proposed by
Movant, and agreed to by the KBA, is adequate. See Stevens v. KBA, .
186 S.W.3d 744 (Ky. 2006) (Assistant Commonwealth Attorney who had
unethical sexual contact with a client of his office was charged with official
misconduct (but acquitted at trial) and received a public reprimand for his
unethical conduct).
Accordingly, the Court hereby ORDERS:
1. Movant, Kimberly Lynn Bunton, KBA Member No. 87650, is guilty of
all charges alleged in KBA File No. 16822;
2. Movant is suspended from the practice of law for a period of one year,
effective as of the tenth day following entry of this Order pursuant to
SCR 3.390(a), with all of the suspension probated for a period of two years, on
the condition that Movant must not receive any further disciplinary or criminal
charges for two years, and on the condition that she fully comply with the
terms of her conditional discharge in Commonwealth v. Bunton, Jefferson
Circuit Court Case No. 10-CR-2767;
3. If Movant fails to comply with any of the terms of discipline as set
forth in this Order, the Court will impose the full one year period of suspension
and require client notification under SCR 3.390(b), and Movant will be referred
to the Character and Fitness Committee pursuant to SCR 3.510(3); and
3
4. In accordance with SCR 3.450, Movant must pay $35.00, the cost
associated with this proceeding, for which execution may issue from this Court
upon finality of this order.
All sitting. All concur.
ENTERED: August 20, 2015.
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2015-SC-000219-KB
KIMBERLY LYNN BUNTON MOVANT
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
ORDER GRANTING
MOTION TO AMEND OPINION AND ORDER
This matter is before the Court on the Respondent's Motion to Amend the
Opinion and Order of the Court, entered August 20, 2015. Having reviewed the
record and being otherwise fully and sufficiently advised, the Court ORDERS
as follows:
1) The Respondent's motion is GRANTED; and
2) The Opinion and Order of this Court, entered August 20, 2015, is
AMENDED on its face and the attached Opinion and Order is substituted
therefor. The modification does not affect the holding of the case.
All sitting. All concur.
ENTERED: October 29, 2015.
IEF JUSTICE