KENTUCKY BAR ASSOCIATION v. CURLIN (2023)

OPINION AND ORDER INDEFINITELY SUSPENDING FROM THE PRACTICE OF LAW PURSUANT TO SCR 3.167(1)

Respondent, David Curlin,¹ was admitted to the practice of law on May 1, 2009. In November 2022, Curlin was elected to the office of Family Court judge for the 51st Judicial District, Henderson County, and his term of office began in January 2023. He currently holds this position.

On February 20, 2023, the Kentucky Bar Association (Association), by motion, asked that this Court indefinitely suspend Curlin from the practice of law pursuant to Supreme Court Rule (SCR) 3.167(1) because he had failed to answer a Charge issued by the Inquiry Commission in two separate disciplinary cases. The issuance of Charges, in the first instance, was precipitated by Curlin's failure to respond to two separate bar complaints, each of which related to legal services he performed prior to his election to judicial office.

A motion for indefinite suspension under SCR 3.167(1) arises, at bottom, when an attorney fails to participate in the Association's disciplinary process. In the present case, Curlin failed to respond to Bar Complaints made against him necessitating that Charges, regardless of the merits of the complaints, be issued by the Inquiry Commission. After personally signing for the Charges at the Henderson County Sheriff's Office,² Curlin continued to be nonresponsive. This Court—on March 10, 2023, and April 14, 2023, respectively—issued orders directing Curlin to show cause why he should not be suspended from the practice of law. On April 25, Curlin filed a written response stating that he had not received the Association's motions or our March Show Cause Order due to the hasty closure of his law office and a change in his employment address due to his recent election as judge. Significantly, Curlin stated that he would have responded to the filings had he known about them and stated his intention to respond to the Charges.

We took Curlin at his word. Based on his response, this Court, by confidential opinion and order rendered on August 24, 2023, denied the Association's request that Curlin be indefinitely suspended from the practice of law. We did, however, order that Curlin file a formal Answer to each of the Charges against him and file a Notice confirming his response to the Charges in this Court within 30 days of the issuance of the opinion and order.

The consequence of noncompliance with our mandate was explicit. Failure to file an Answer and Notice within the time permitted would result in Curlin's immediate and indefinite suspension from the practice of law. The required Answer and Notice were due to be filed on Monday, September 25, 2023.

As of the date of entry of this Opinion and Order, this Court has not been provided with any documentation by Curlin or the Association that he has responded to the Inquiry Commission's Charges. As such, we are left to reach no other conclusion than Curlin is in violation of an order of this Court, and his indefinite suspension from the practice of law is appropriate.

While we are mindful that Curlin is a sitting judge and that his indefinite suspension disqualifies him from carrying out that role during the time of his suspension,³ he is, nevertheless, a licensed lawyer in this Commonwealth. His judicial position does not inoculate him from compliance with disciplinary rules that governed his conduct prior to his election.

ACCORDINGLY, IT IS HEREBY ORDERED as follows:

1. Pursuant to this Court's discretion under SCR 3.167(1), David Curlin is indefinitely suspended from the practice of law, effective September 30, 2023.

2. Disciplinary proceedings shall proceed against Curlin as permitted under SCR 3.167(4) and SCR 3.160, et seq.

3. Since Curlin is suspended from the practice of law in this Commonwealth, he is temporarily disqualified to serve as the Family Court judge for the 51st Judicial Circuit, Henderson County, without affecting his pay status. During his temporary disqualification, Curlin shall not access or utilize court resources.

4. The Clerk of the Kentucky Supreme Court shall provide a copy of this Opinion and Order to the Judicial Conduct Commission for its further review and action, as the Commission may determine is appropriate in its discretion.

/s/ Laurence B. VanMeter, Jr.

 CHIEF JUSTICE

FOOTNOTES

1.   Curlin, KBA Membership No. 92885, has been licensed to practice law in the Commonwealth of Kentucky since May 1, 2009, His current bar roster address is Henderson County Judicial Center, 5 N Main Street, Henderson, KY 42420.

2.   Proof of Curlin having personally signed for each Charge at the Henderson County Sheriff's Office was affixed to the Association's motion for indefinite suspension. The Charge issued in KBA File 22-DIS-0138, filed as Case No. 2023-SC-0084, was served on Curlin on July 12, 2023. The Charge issued in KBA File 22-DIS-0053, filed as Case No. 2023-SC-0085, was served on May 5, 2022.

3.   Cornett v. Judicial Ret. and Removal Comm'n, 625 S.W.2d 564, 566 (Ky. 1981); Ky. Const. § 122; see also SCR 3.022.

All sitting. All concur.