INQUIRY COMMISSION V. RICHARD KIP CAMERON
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INQUIRY COMMISSION
V.
MOVANT
IN SUPREME COURT
RICHARD KIP CAMERON
RESPONDENT
OPINION AND ORDER
The Inquiry Commission has moved this Court to temporarily suspend Richard
Kip Cameron, KBA Member No. 10144, whose bar roster address is 1611 South Main
Street, Suite 14, P .O. Box 1013, Hopkinsville, Kentucky 42240, from the practice of law.
The request is pursuant to SCR 3 .165(1)(a) for misappropriating funds or for improperly
dealing with said funds, and pursuant to SCR 3.165(1)(d), for addiction to intoxicants to
the extent that he does not have the physical or mental fitness to continue the practice
of law. We believe the uncontroverted evidence supports said temporary suspension
and so order.
Exhibit 1 is a letter with signed affidavits, from the Judges of Christian County to
the Kentucky Bar Association (KBA), contending that the Respondent, Richard Kip
Cameron, merited a temporary suspension from the practice of law for violations of SCR
3.165 . As a result of the KBA's investigation, the KBA opened seven files on the
Respondent . The Respondent was notified of the charges and declined to answer said
charges. The uncontroverted facts in the petition of the Inquiry Commission are as
follows .
KBA File 14584
From June 23, 1986, to September 15, 2004,
Respondent served as the Christian District Court appointed
Conservator of the Estate of Troy Perry. As Conservator,
Respondent came into control of various sums of money
which belonged to Mr. Perry.
Respondent was late in filing his annual reports for
the years 2003 and 2004, and on September 24, 2004, Pam
Neely was appointed by the Court to serve as the new
Conservator.
Ms . Neely discovered that during the term of his
conservatorship Respondent double-charged the estate by
charging both a Conservator fee and a private attorney fee,
and misappropriated and converted to his own use money
that belonged to Mr. Perry, in an amount in excess of
$60,000.00.
A copy of the Bar complaint by Ms. Neely, a sworn
affidavit, is attached on KBA Exhibit 3. On September 21,
2007, the Inquiry Commission issued a Charge against
Respondent in connection with this misappropriation . A
copy of the Charge is attached hereto and incorporated by
reference as KBA Exhibit 4.
A copy of the Charge was served upon Respondent
by the Christian County Sheriff's Office on October 20, 2007.
Respondent is in default of filing an Answer to the Charge.
KBA Files 14981, 14892
On November 30, 2006, Jonathan Wheeler swore in a
Criminal Complaint in Christian County that on October 31
2006, Respondent wrote a check to Mr. Wheeler in the
amount of $425.00, and that the check was returned for
insufficient funds. On December 5, 2006, Rita Colley, of the
HHS Cafe swore in a Criminal Complaint in Christian County
that on October 6, 2006, Respondent wrote a check to the
cafe in the amount of $6.25, and that the check was returned
for insufficient funds .
Respondent was criminally charged with one (1)
count of Theft by Deception Under $300 .00 (a
Theft
misdemeanor), and one (1) count of
by Deception
Over $30020 (a felony)
On January 8, 2007, Stacie Watkins swore in a
Criminal Complaint in Christian County that on October 31,
2006, Respondent wrote a check to the Christian County
Circuit Clerk in the amount of $151 .34, for the payment of
filing fees in the case of the Kibodeaux v. Kibodeaux, and
that the check was returned for insufficient funds .
On January 9, 2007, Billy Morris of "Place 1," swore in
a Criminal Complaint in Christian County that on November
10, 2006, Respondent wrote a check to the business in the
amount of $41 .92, and that the check was returned for
insufficient funds.
On January 9, 2007, Mr. Morris swore in a separate
Criminal Complaint in Christian County that on November
11, 2006, Respondent wrote a check to the business, in the
amount of $36.96, and that the check was returned for
insufficient funds .
Respondent was charged with three (3) counts of
Theft by Deception Under $300.00.
On November 22, 2006, Christine Irwin, of the
"Copper At" stone in Criminal Complaints that Respondent
wrote checks to the business in the amount of $30.58 each
on September 29, 2006, September 30, 2006, October 4,
2006, October 6, 2006, and November 5, 2006, and that
each of the five (5) checks were returned for insufficient
binds.
Respondent was charged with five (5) counts of Theft
by Deception Under $300.00.
On July 5, 2007, a representative of the Raceway
convenience store in Hopkinsville, swore in a Criminal
Complaint that Respondent wrote a check to the business in
the amount of $12.41, on September 12, 2006, and that the
check was returned for insufficient funds.
Certified court records of the criminal complaints are
attached hereto and incorporated by reference as KBA
Exhibit 5 .
On October 17, 2007, Respondent agreed to resolve
the above criminal charges by entering into a pre-trial
diversion program, the equivalent of guilty pleas in
disciplinary proceedings . Certified court records of the order
of diversion are attached hereto and incorporated by
reference as KBA Exhibit 6 .
KBA File 15027
3
Mitchell Moore of Hopkinsville, Kentucky, retained
Respondent to represent him in defense of charges of
reckless driving, assault [in the] third degree on a police
officer, fleeing to evade police in the first degree and
resisting arrest. A copy of the sworn bar complaint is
attached hereto and incorporated by reference as KBA
Exhibit 7.
A copy of the bar complaint was served upon
Respondent by the Christian County Sheriff's Office on July
24, 2007 .
On August 27, 2007, Respondent filed a request for
an extension of time, up to and including September 6, 2007,
to file a Response, citing alcohol abuse, recent residential
treatment and severe depression . A copy of Respondent's
request is attached hereto and incorporated by reference as
KBA Exhibit 8. Respondent has not filed a Response to the
allegations of the bar complaint . It is apparent from the
recent letter sworn to by members of the Bench that his
treatment is not, at this time, at a level to permit him to
practice law.
KBA File 15069
Arthur Wimberly retained Respondent to handle his
direct appeal from a criminal court conviction. On March 14,
2007, the Court of Appeals entered an order for Respondent
to show cause why Mr. Wimberly's appeal should not be
dismissed, noting that a failure of Respondent to respond
could result in the imposition sanctions against counsel .
Respondent did not respond to the Court's March 14,
2007 show cause order. A sworn bar complaint advising the
Inquiry Commission of this is attached as KBA Exhibit 9.
On September 28, 2007, the Inquiry Commission
issued a Charge against Respondent in this matter[.] A copy
of the Charge is attached hereto and incorporated by
reference as KBA Exhibit 10. It contains copies of the
Orders of the Court of Appeals demonstrating his neglect of
the client matter and disregard of the orders of the tribunal .
A copy of the Charge was served upon Respondent
by the Christian County Sherrif's Office on October 20, 2007.
Respondent is in default of filing an Answer to the Charge .
KBA File 15078
4
On February 26, 2007, James Michael Stewart, of
Cadiz, Kentucky, filed a sworn bar complaint against
Respondent alleging that he had paid Respondent the sum
of $500.00 to expedite the resolution of a property dispute in
Trigg County. Mr. Stewart alleged that Respondent has not
performed any work and will not answer his calls. A copy of
the bar complaint is attached hereto and incorporated by
reference as Exhibit 11 .
A copy of the bar complaint was served upon
Respondent by the Christian County Sheriff's Office on
October 20, 2007. Respondent has not filed a Response to
the bar complaint .
KBA File 15748
On September 24, 2007, Shelia D. Settles filed a
sworn bar complaint against Respondent alleging that she
paid Respondent the sum of $5,000 .00 to represent her
daughter in her daughter's criminal case and that Mr.
Cameron had failed to appear in court on the case on
several occasions. A copy of the bar complaint is attached
hereto and incorporated by reference as KBA Exhibit 12.
This demonstrates a continued pattern, which has now been
demonstrated, of misappropriation of client funds and failing
to attend to client matters .
A copy of the bar complaint was served upon
Respondent by the Christian County Sheriff's Office on
October 30, 2007. Respondent has not filed a Response to
the bar complaint.
SCR 3 .165(1)(a) provides for a temporary suspension by this Court if "probable
cause exists to believe that an attorney is or has been misappropriating funds the
attorney holds for others to his/her own use or has been otherwise improperly dealing
with said funds . . . ." SCR 3.165(1)(d) gives additional grounds, if "[i]t appears that
probable cause exists to believe that an attorney is mentally disabled or is addicted to
intoxicants or drugs and probable cause exists to believe he/she does not have the
physical or mental fitness to continue to practice law."
This Court has reviewed the uncontroverted allegations of the Inquiry
Commission, along with its extensive documentation, and agrees that probable cause
exists to believe that the attorney has been misappropriating funds or otherwise
improperly dealing with client funds, and that probable cause exists to believe that the
Respondent is addicted to intoxicants or drugs and does not have the physical or
mental fitness to continue to practice law.
Accordingly, it is hereby ORDERED that the Respondent, Richard Kip Cameron :
1 . Is temporarily suspended from the practice of law until further notice; and
2. Shall, pursuant to SCR 3.165(5), notify all clients in writing of his inability to
continue to represent them and shall furnish copies of all such letters to the
Director of the Kentucky Bar Association ; and
3. Shall, pursuant to SCR 3.165(6), to the extent reasonably possible, cancel and
cease any advertising activities .
All sitting . All concur, except Cunningham, J ., not sitting .
ENTERED: March 20, 2008.
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IEF JUSTICE
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