DENNIS MICHAEL STUTSMAN V. KENTUCKY BAR ASSOCIATION
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TO BE PUBLISHED
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2005-SC-1003-KB
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Movant, Dennis Michael Stutsman, who maintains a bar roster address at 498
Georgetown Street, P. O. Box 12947, Lexington, Kentucky, was admitted to the practice
of law in the Commonwealth of Kentucky on April 27, 1987 . On September 25, 2005,
the Inquiry Commission charged Movant with three counts of professional misconduct.
Movant admits guilt in each of the charges and now moves this Court to sanction him
with a public reprimand .
Movant was formerly a supervisor in the Criminal Appeals Division of the
Department of Public Advocacy. On July 30, 2004, the Kentucky Court of Appeals held
Movant in contempt of court in three cases for failing to comply with previous orders of
the court and for failure to timely file a brief for the Appellant in each case. The Court of
Appeals further referenced six other cases in which Movant disregarded procedural
steps in the appellate process and repeatedly missed deadlines, motions, and
responses to show causes orders . Movant was fined $500, and the matter was referred
to the KBA for disciplinary proceedings .
Subsequently, the Inquiry Commission charged Movant with violating : (1) SCR
3.130-1 .3, which provides that a "lawyer should act with reasonable diligence and
promptness in representing a client"; (2) SCR 3 .130-3 .2, which provides that "a lawyer
shall make reasonable efforts to expedite litigation consistent with the interests of the
client" ; and (3) SCR 3 .130-3 .4(c), which provides that a lawyer shall not "knowingly or
intentionally disobey an obligation of a tribunal except for an open refusal based on an
assertion that no valid obligation exists."
Movant admits that he has violated these
rules and requests this Court to issue a public reprimand . The KBA responds that it
has no objection .
THEREFORE, IT 1S HEREBY ORDERED :
(1)
Movant, Dennis Michael Stutsman, is publicly reprimanded for violations of
SCR 3 .130-1 .3, SCR 3.130-3 .2, and SCR 3 .130-3 .4(c).
(2)
Pursuant to SCR 3 .450, Movant is directed to pay all costs associated with
these disciplinary proceedings, said sum being $235 .65 ; and for which execution ,May
issue from this Court upon finality of this Opinion and Order.
All concur.
Entered : February 23, 2006 .
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