TO BE PUBLISHED
nyrrittr (r-ourt qfirnturkv
c
2014-SC-000411-KB
CLETUS MARICLE MOVANT
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER
Movant, Cletus Maricle, 1 admits to violating the Kentucky Rules of
Professional Conduct and moves this Court to impose the sanction of
permanent disbarment. The KBA has no objection to Maricle's motion.
I. BACKGROUND
Movant was convicted by a jury on March 24, 2010 of five felony counts,
including violations of the Racketeer Influenced and Corrupt Organizations Act
(RICO), 2 money laundering conspiracy, aiding and abetting the obstruction of
justice, voter fraud, and election fraud conspiracy. As a result, the Inquiry
Commission charged Maricle with a violation of SCR 3.130-8.3(b) (now
1 Maricle, KBA No. 43900, was admitted to the practice of law in Kentucky on
May 1, 1966. His bar roster address is 393 Circle Drive, Manchester, Kentucky
40962.
2 18 U.S.C. §§ 1961-68.
renumbered as -8.4(b)) 3 on July 8, 2010. Maricle then moved to have the
matter held in abeyance until the underlying criminal matter was concluded.
Maricle was sentenced to 320 months' imprisonment, which he appealed
to the Sixth Circuit Court of Appeals. The Sixth Circuit vacated his convictions
and remanded for a new trial. Ultimately, on November 6, 2013, Maricle
entered a negotiated guilty plea to the RICO charge. He admitted that he and
his associates accessed the Clay County Board of Elections in order to
corruptly influence the outcome of elections. Furthermore, he confessed to
providing cash to bribe voters with the understanding that his associates
would ensure that the bribed voters cast their ballots as directed. Additionally,
Maricle acknowledged that several of his associates received public works
contracts (some of which were funded by federal grant money) by virtue of their
participation in the election-fraud enterprise. Pursuant to his negotiated guilty
plea, he was sentenced to time served, plus supervised release for two years (to
include six months of home incarceration), 200 hours of community service,
and no participation in the political process.
Maricle admits that his actions were violations of SCR 3.130-8.4(b).
Therefore, he requests that the Court grant him leave to resign from the KBA
under terms of permanent disbarment pursuant to SCR 3.480(3). 4 The KBA
has no objection to Maricle's motion.
3 SCR 3.130-8.4(b) provides that it is professional misconduct for a lawyer to
"commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness
or fitness as a: lawyer in other respects."
4 SCR 3.480(3) provides in pertinent part:
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II. DISCIPLINE
Based on his admitted ethical violations, Maricle requests that this Court
grant him leave to resign from the KBA under terms of permanent disbarment.
We agree that Maricle's motion to withdraw his membership is appropriate
pursuant to SCR 3.480(3). Therefore, it is hereby ORDERED that:
1. Cletus Maricle is permanently disbarred from the practice of law in
the Commonwealth of Kentucky;
2. In accordance with SCR 3.450, Maricle shall pay all costs associated
with these proceedings, said sum being $105.50, for which execution
may issue from this Court upon finality of this Opinion and Order;
and
3. Pursuant to SCR 3.390, Maricle shall, within ten (10) days from the
entry of this Opinion and Order, notify all clients, in writing, of his
inability to represent them; notify, in writing, all courts in which he
has matters pending of his disbarment from the practice of law; and
furnish copies of all letters of notice to the Office of Bar Counsel.
Any member who has been engaged in unethical or unprofessional
conduct and desires to withdraw his membership under terms of
permanent disbarment shall file a verified motion with the Court stating
as follows:
(a) He/she has violated the Rules of Professional Conduct,
or his/her conduct fails to comply with those rules, the
specifics of which shall be detailed in the motion.
(b) He/she will not seek reinstatement and understands the
provisions of SCR 3.510 and SCR 3.520 do not apply.
(c) He/she will not practice law in the Commonwealth of
Kentucky subsequent to the permanent disbarment order.
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Furthermore, to the extent possible, Maricle shall immediately cancel
and cease any advertising activities in which he is engaged.
All sitting. All concur.
ENTERED: September 18, 2014.
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