Matthew D. Bowman v. Kentucky Bar Association

TO BE PUBLISHED
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2015-SC-000404-KB
MATTHEW D. BOWMAN MOVANT
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER
Pursuant to SCR 3.480(2), the negotiated sanction rule, Movant,
Matthew D. Bowman,' moves this Court to impose upon him a thirty day
suspension, to be probated for one year, conditioned upon Movant incurring no
further disciplinary charges; and further conditioned upon Movant completing
the Ethics and Professional Enhancement Program within one year. The
Kentucky Bar Association (KBA) has no objection to Movant's request.
I. KBA FILE NO. 23247
While Movant was employed as a civilian attorney working for the United
States Army at Fort Knox, he knowingly provided a false statement to an agent
of the Department of Defense, Office of the Inspector General. In May 2010,
Movant pled guilty to a violation of Title 18, United States Code, Section 1018,
Official Certificates or Writings. 2 Based upon the maximum possible penalty
KBA Member No. 82382; bar roster address, 1743 Murrays Run Road,
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Bardstown, Ky., 40004. Movant was admitted to the practice of law April 29, 1988.
2"Whoever, being a public officer or other person authorized by any law of the
United States to make or give a certificate or other writing, knowingly makes and
provided for the offense, it would be classified as a misdemeanor under
Kentucky law. As a result of this guilty plea, Movant was sentenced to pay a
$25.00 court cost fee and to serve one year on probation.
As a result of the above conduct, the Inquiry Commission charged
Movant with having violated SCR 3.130(8.4)(b) 3 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."
II. DISCIPLINE
Movant admitted to professional misconduct by violating the cited
Kentucky Supreme Court Rule for the 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 thirty day suspension, to be
probated for one year, conditioned upon his attendance and successful
completion of the Ethics and Professional Enhancement Program within one
year.
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 Mai) had unethical
delivers as true such a certificate or writing, containing any statement which he knows
to be false, in a case where the punishment thereof is not elsewhere expressly
provided by law, shall be fined under this title or imprisoned not more than one year,
or both."
3 Formerly 3.130(8.3)(b).
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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, Matthew D. Bowman, KBA Member No. 82382, is guilty of
the charge alleged in KBA File No. 23247;
2. Movant is suspended from the practice of law for a period of thirty
days, 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 one year, on the
condition that Movant attend and successfully complete the Ethics and
Professional Enhancement Program within one year;
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 thirty day 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
4. In accordance with SCR 3.450, Movant must pay $40.16, the cost
associated with this proceeding, for which execution may issue from this Court
upon finality of this order.
All sitting. All concur.
ENTERED: September 24, 2015.
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