concurring in part and dissenting in part.
Respectfully, I dissent from that part of the opinion which imposes a suspension from practice upon Mr. Waller. The Board of Governors saw fit to recommend only a public reprimand, a punishment with which I agree. Mr. Waller has previously been found to be in contempt of the Logan Circuit court for his words and has paid a fine in addition to serving a sentence in the county jail. There is no evidence in this record that until this ease arose, he has been the recipient of discipline by this or any other Court in the course of nearly forty years of the practice of law. I would not further punish him by depriving him of his livelihood. To paraphrase Justice Leibson, “[forty] years of meritorious service at the bar ought to count for something.” Kentucky Bar Ass’n v. Jernigan, Ky., 737 S.W.2d 693, 695 (1987) (Leibson, J., dissenting).