TO BE PUBLISHED
$51tprriur (Court of rtiturku
2015-SC-000219-KB
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 Bunton' 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-2767. 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,
Ky., 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 charged
Movant with having 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."
H. 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).
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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 two 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
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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.
HIEF JUSTICE
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