TO BE PUBLISHED
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2005-SC-000921-KB
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KENTUCKY BAR ASSOCIATION MOVANT
V. IN SUPREME COURT
GARY L. GREENWELL RESPONDENT
OPINION AND ORDER
On November 5, 2005, a Show Cause Order was served upon
Respondent, Gary L. Greenwell, whose bar roster address is 217 Fairmeade
Road, Louisville, KY 40207, for his non-payment of bar dues and non
compliance with continuing legal education requirement . Mr. Greenwell is
deficient 7.25 credits and is in non-compliance with the minimum annual
continuing legal education requirements (MCLE) of SCR 3.661 for the 2004-2005
educational year and has not certified any credits to remedy this deficiency .
Beginning May 2005, the Kentucky Bar Association Continuing Legal
Education Commission sent five written notices concerning Mr. Greenwell's
deficiency by mail. In addition to these written notifications, the Assistant CLE
Director attempted to contact Mr. Greenwell by telephone at his home . On
September 10, 2005, the Assistant Director left a voicemail message for a return
call. Again, the Assistant Director called the same number on October 6, 2005
and left another message to return the call. On the next day, the Assistant
Director tried, yet again, to contact Mr. Greenwell and left a message with a
woman who answered the phone ; Mr. Greenwell did not return either call .
One week later the Assistant Director again called Mr. Greenwell and left
a message for a return call . Another week later, Mr. Greenwell finally returned
the call and told the Assistant Director he wanted to put his license "into
retirement" because he does not practice law and does not wish to pursue his
legal career. The Assistant Director told Mr. Greenwell that to do so, he would
have to file a motion to withdraw as soon as possible so as to avoid certification
for CLE non-compliance . The Assistant Director transferred Mr. Greenwell to
Karen Cobb in the KBA Membership Department for information and forms
regarding withdrawal from membership.
In response to the Show Cause Order and the conversations with the
Assistant Director, Mr. Greenwell wrote a letter, filed by the Court on November
22, 2005 to Paula Yeast stating that he wished to retire or withdraw his bar
license due to retirement . Mr. Greenwell stated he had never actually practiced
law, because he was a registered Architect. All dues and late fees were paid in
full, although he has still not completed the CLE requirements for the past year.
The Commission has asked this Court to suspend Mr. Greenwell's license
for his failure to obtain any credits to cure his 2004-2005 deficiency and his
failure to show cause why he should not be suspended form the practice of law
pursuant to SCR 3.669(4).
Accordingly, on motion of the Kentucky Bar Association CLE Commission
pursuant to SCR 3.669, it is ordered that Respondent, Mr. Greenwell is
suspended from the practice of law in this Commonwealth and shall surrender
his license to practice .
It is further ordered that:
1) Respondent shall not be permitted to engage in the practice of law in
the Commonwealth of Kentucky as defined by SCR 3.020 until such time as this
Court enters an order restoring his membership in the Kentucky Bar Association .
2) Respondent shall not file an application for restoration until such time
as any CLE deficiency is cured and he has met the requirements SCR 3.675.
3) Any application for restoration shall be governed by SCR 3.500, the rule
providing for restoration in cases of failure to comply with the continuing legal
education requirements of SCR 3.661 .
All concur.
ENTERED : January 19, 2006.
COUNSEL FOR MOVANT
John D Meyers
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601-1883
COUNSEL FOR RESPONDENT
Gary Greenwell
217 Fairmeade Road
Louisville, Kentucky 40207