TO BE PUBLISHED
~*Uyrrmr (~Vurf of "Pftr
2008-SC-000963-KB
KENTUCKY BAR ASSOCIATION,
CLE COMMISSION MOVANT
V. IN SUPREME COURT
MICHAEL RAY MCDONNER RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association (KBA), Continuing Legal Education (CLE)
Commission, has requested this Court to enter an order of suspension against
Respondent, Michael Ray McDonner, KBA Member No. 90161, with a last
known bar roster address of 455 S. Fourth Avenue, Suite 1500, Starks
Building, Louisville, Kentucky 40202 . This Court's previous Order on March
19, 2009 adjudged Respondent guilty for failing to complete the necessary CLE
requirements for the 2007-2008 educational year. The Order gave Respondent
until April 8, 2009 to pay a $750 .00 fine and pay the appropriate late fees to
receive credit for his twelve unverified CLE credits. If, however, Respondent
was unable to verify the twelve CLE hours, the Order gave Respondent until
May 19, 2009 to complete twelve CLE hours . Due to his failure to comply and
subsequently respond, the CLE Commission requests that Respondent be
suspended from the practice of law pursuant to SCR 3.669(4) . Finding this to
be an appropriate sanction, this Court adopts the CLE Commission's
recommendation for suspension .
Respondent neither completed his CLE hours nor paid the fine as
required by the Order entered on March 19, 2009 . As required by the KBA,
pursuant to SCR 3 .661, Respondent failed to accrue the minimum twelve and
one-half (12 .5) hours of continuing legal education for the educational year
ending June 30, 2008 . Though Respondent did complete one-half ( .5) hour of
CLE, he remained deficient twelve hours. Despite being notified of his CLE
obligation numerous times, Respondent has failed to meet those requirements,
or even reply to the notifications .
The CLE Commission again made several attempts to contact
Respondent, but to no avail, although several messages were left on his
voicemail. In so doing, the Commission discovered Respondent had moved to a
different firm without updating his address with the KBA, in violation of SCR
3 .175 . Purportedly, Respondent's address is 455 S . Fourth Avenue, Suite
1500, Starks Building, Louisville, Kentucky 40202, but it now appears to be
138 South 3rd Street, Louisville, Kentucky 40202 . Messages were left at this
address also . Notably, there has been no response to these contacts.
The CLE Commission filed a report detailing Respondent's failure to
comply with the prior order of this Court and recommending Respondent's
suspension from the practice of law. Because Respondent has failed to explain
his lack of compliance with this Court's original order and has neglected to
reply to the CLE Commission's numerous attempts at communications, we find
good cause to adopt the Commission's recommendation and suspend
Respondent from the practice of law.
ACCORDINGLY, the Court ORDERS :
1) Respondent, Michael Ray McDonner, KBA Member No. 90161, is
adjudged guilty of failing to complete the necessary CLE requirements for
the 2007-2008 educational year and failing to comply with this Court's
order entered March 19, 2009 ;
2) Respondent is hereby suspended from the practice of law until
such time as this Court enters an order restoring or reinstating his
membership in the Kentucky Bar Association;
3) Respondent shall not file an application for restoration or
reinstatement until such time as any CLE deficiency of record and
existing requirements are met as set forth in SCR 3 .675, Respondent has
paid the sum of $750 .00 to the Kentucky Bar Association and such other
costs as are necessary, and Respondent has updated his bar roster
address as required by SCR 3 .175;
4) Pursuant to SCR 3.390, Respondent shall notify all courts in which
he has matters pending of his suspension from the practice of law, and
notify all clients in writing of his inability to represent them and of the
necessity and urgency of promptly retaining new counsel. Such
notification shall be by letter duly placed in the United States mail within
ten (10) days of the date of this order. Respondent shall simultaneously
provide a copy of all such letters to the Kentucky Bar Association.
Furthermore, to the extent possible and necessary, Respondent shall
immediately cancel and cease any advertising activities in which he is
engaged; and
5) If Respondent fails to comply with any of the terms of discipline as
set forth herein, upon motion of the Office of Bar Counsel, the Court may
impose other discipline in this matter.
All sitting. All concur .
ENTERED : August 27, 2009 .