KENTUCKY BAR ASSOCIATION v. DENTON (2022)

OPINION AND ORDER

Movant, Kentucky Bar Association (KBA), petitions this Court to indefinitely suspend Kurt Richard Denton (Denton) from the practice of law pursuant to Supreme Court Rule (SCR) 3.380(2). Denton's KBA number is 88399, and his bar roster address is P.O. Box 456, Henderson, Kentucky 42149-0456. Denton was licensed to practice law in the Commonwealth on October 23, 2000.

Denton was hired to represent Jeffrey Null (Null) in 2018, in a child custody dispute in Henderson County. Null retained Denton with an up-front fee of $2,500. Null acknowledged that, initially, Denton completed some work on the case. However, Null alleged that Denton failed to appear at certain important court hearings and trial dates. Null has been unable to reach Denton through phone, email, or text regarding the status of the case. After being unable to reach Denton, Null inquired about obtaining his client file and other documents. Denton failed to return any of this documentation or the client file materials.

Denton was served with Null's Bar Complaint in February 2021. He acknowledged receipt of the complaint in an email he sent to the Office of Bar Counsel on February 9, 2021. Denton requested additional time to respond in separate emails, which was granted. However, he has yet to file a Response.

The Inquiry Commission issued a charge against Denton in May 2021, which alleged the following: Count I for violation of SCR 3.130(1.3) regarding diligent representation; Count II for violation of SCR 3.130(1.4)(a) regarding proper communication with a client; Count III for violation of SCR 3.130(1.16)(d) regarding return of client property upon termination of representation; and Count IV for violation of SCR 3.130(8.10)(b) regarding response requirements in a disciplinary proceeding.

Service on Denton has been attempted in a variety of ways, including by certified mail and through the Henderson County Sheriff's Office; all have been unsuccessful. Pursuant to SCR 3.035 the Executive Director served Denton at both his Bar Roster address and an additional service address listed. Denton has not responded.

Denton has had no prior discipline. However, he has not actively participated in the Complaint stage or the formal Charge stage of the above described proceedings. Since March 2021, Denton has not replied to any attempts at communication through mail, email, or any attempts of service listed above.

Due to Denton's failure to timely respond, the KBA requests that this Court indefinitely suspend him pursuant to SCR 3.380(2). Having reviewed the motion, we agree.

For the foregoing reasons, it is hereby ORDERED:

1. Pursuant to SCR 3.380(2), Kurt Richard Denton is hereby indefinitely suspended from the practice of law in the Commonwealth of Kentucky.

2. As required by SCR 3.390, Denton will within ten (10) days after the issuance of this order of suspension notify, by letter duly placed with the United States Postal Service, all courts or other tribunals in which he has matters pending of his suspension. Further, he will inform by mail all of his clients of his inability to represent them and of the necessity and urgency of promptly retaining new counsel. Denton shall simultaneously provide a copy of all such letters of notification to the Office of Bar Counsel. Denton shall immediately cancel any pending advertisements, to the extent possible, and shall terminate any advertising activity for the duration of the term of suspension.

3. As stated in SCR 3.390(a), this order shall take effect on the tenth day following its entry. Denton is instructed to promptly take all reasonable steps to protect the interests of his clients. He shall not during the term of suspension accept new clients or collect unearned fees and shall comply with the provisions of SCR 3.130-7.50(5).

/s/ John D. Minton, Jr.

 CHIEF JUSTICE

All sitting. All concur.