~tate of JRansas

KANSAS JUDICIAL CENTER

301 SW TENTH AVE., ROOM 115
TOPEKA, KANSAS 66612
785-296-2913
judicialqual@kscourts.org
CHAIR:
Nicholas M. St. Peter
Judge Member February 5, 2018

VICE-CHAIR:
Brenda M. Cameron
Judge Member Michael King
P. O. Box 101
Bradley E. Ambrosier Opolis, Kansas 66760
Judge Member

Terrence J. Campbell Re: Your complaint addressed to the Office of Disciplinary Administrator
Lawyer Member
Dear Mr._King:
James S. Cooper
Non-Lawyer Member
This office received an envelope from you addressed to Kansas Commission
Robert W. Fairchild on Judicial Qualifications today. Said envelope contained a letter to the Office of
Judge Member Disciplinary Administrator regarding attorneys Bernard Rhodes, Dennis Depew, and
Allen G. Glendenning Stephen Phillips.
Lawyer Member

Larry D. Hendricks The Commission on Judicial Qualifications considers and investigates

Judge Member complaints of alleged unethical conduct of state court judges under the Code of
Judicial Conduct. The Commission has no jurisdiction to consider complaints against
Norman R. Kelly attorneys.
Lawyer Member

Rosemary Kolich, S.c.L. If it was your intention to supply a copy of your correspondence to the
Non-Lawyer Member Disciplinary Administrator's office to the Commission, please be advised the
Susan Lynn orrespondence is noted and will be retained in the Commission's office.
Non-Lawyer Member
Cordially,
Diane H. Sorensen
Lawyer Member

Mary B. Thrower
Judge Member
V ~7·
DOUgldshima,
Rep. Valdenia C. Winn Secretary
Non-Lawyer Member
mm
SECRETARY:
Douglas T. Shima
 FORMS OF DISCIPLINE
. The hearing panel may find that no violation
of the disciplinary rules occurred and dismiss
the complaint. It may determine that a minor
violation occurred as a result of a mistake
rather than an intentional act and may impose
informal admonition. In that case the lawyer is
summoned before the Disciplinary Administrator,
admonished about the violation and warned not to
repeat the conduct.
If the hearing panel fmds that a violation occurred
and more serious discipline is warranted, the panel
submits to the Kansas Supreme Court a formal
report setting forth its factual and legal fmdings
and making recommendations for discipline of
the lawyer. Recommended discipline could be
published censure, probation with conditions,
suspension of the lawyer's license for a specific
time period, suspension for an indefmite period or
disbarment.
Discipline cases submitted to the Supreme Court
are processed in much the same way as any
other appellate case with both sides entitled to
present written and oral arguments. In addition,
the Supreme Court reviews a transcript of the
proceedings before the hearing panel.
The Supreme Court is not required to follow
the recommendations of the hearing panel or
the Disciplinary Administrator. The Court may
determine that no violation occurred or it may
impose a different form of discipline from that
recommended by the hearing panel.
. . . . . . . . .. .
In Kansas, lawyer discipline is conducted openly,
with safeguards built into the system to insure
that your complaint will receive full and prompt
attention.
State and local bar associations cooperate with
the Office of the Disciplinary Administrator
to investigate complaints filed against lawyers.
You may expect the profession as well as the
disciplinary system to be genuinely concerned
with your complaint.
KBA Lawyer Referral Service
1-800-928-3111
kanconnecteeksbar.org
Through this line we can help you find a
private attorney with the expertise you need.
Or if you just have a few questions, you may
obtain inexpensive advice by paying $2 per
minute for up to 25 minutes. You only pay
for the time when you are on the line with
the attorney.
The Disciplinary Administrator has no
authority over judges. If you believe a judge in
the State of Kansas has violated the code of
judicial conduct, please write to:
COMMISSION ON JUDICIAL
QUALIFICATIONS
Kansas Judicial Center
301 SW Tenth Avenue
Topeka, KS 66612-1507
Telephone Number (785) 296-3229
A complaint form is available from the
Commission office at the above address. The
complaint should identify the conduct or
action believed to be improper and should
provide specific details and facts. If further
information is needed, you will be contacted.
The Kansas Supreme Court established the
Lawyers' Fund for Client Protection on July
1, 1993, to compensate clients who suffer
economic loss as a result of dishonest actions
by an active member of the Kansas bar
that occurs in the course of a lawyer-client
relationship. The Fund covers most cases in
which lawyers have taken for their own use
or otherwise misappropriated clients' money
or other property entrusted to them. The
Fund does not cover losses resulting from
lawyers' negligence, fee disputes, or cases of
legal malpractice. The Client Protection Fund
Commission does not have the authority to
discipline lawyers, resolve fee disputes, or
determine legal malpractice claims. Claim
forms are available upon request from:
CLIENT PROTECTION FUND
COMMISSION
Kansas Judicial Center
301 S. W. Tenth Avenue
Topeka, Kansas 66612-1507
Telephone number (785) 296-3229
 HOW MISCONDUCT COMPLAINTS ARE
REVIEWED IN KANSAS
Although the performance of legal services
only rarely generates complaints of misconduct
against lawyers, the Supreme Court of Kansas
has established procedures for investigating
such complaints and reaching judgments on
lawyer discipline. This pamphlet has been
prepared for persons wanting information about
those procedures. All rights and obligations
are specifically detailed in Kansas Supreme
Court Ru1es 201 through 227, Rules Relating to
Discipline of Attorneys.
DISCIPLINE RULES ARE STRICT
The license to practice law in Kansas is a
continuing proclamation by the Kansas Supreme
Court that the lawyer is fit to be entrusted with
legal matters as an officer of the court.
When lawyers enter practice in Kansas they
obligate themselves to uphold the law and to
abide by the Rules of Professional Conduct, an
exhaustive set of rules adopted by the Kansas
Supreme Court to regulate the professional
conduct of lawyers. Lawyers who violate these
professional and ethical obligations are subject
to discipline. Lawyers in Kansas (not taxpayers)
pay for the disciplinary system by contributing
to a statewide fund to maintain the Office of
the Disciplinary Administrator. This watchdog
agency is an arm of the Kansas Supreme Court.
The Office investigates all allegations of lawyer
misconduct and makes recommendations to
the Kansas Supreme Court for discipline when
warranted.
BEFORE FILING A COMPLAINT
Nearly all Kansas lawyers are competent and
respectable persons who uphold their legal
and professional obligations; however, lawyers
sometimes make mistakes, and some lawyers are
more competent than others. A lawyer may lose
the trust and confidence of a client for various
reasons. However, just because a legal matter does
not turn out the way one had hoped does not
mean the lawyer violated any ethical standards.
While your lawyer assists you in presenting your
case in its best light, the final decision rests with
the jury or judge and is not controlled by your
lawyer. If you do not agree with the decision,
an appeal to a higher court will probably be
more advantageous to your interests than filing a
complaint against your lawyer.
You should be aware that the purpose of the
disciplinary procedures is not to recover funds
from lawyers or to settle fee disputes. It is instead
to determine whether an ethical violation has
occurred and, if so, what discipline shou1d be
imposed upon the lawyer. The Office of the
Disciplinary Administrator never becomes your
lawyer or represents your personal interests. In the
disciplinary proceeding you shou1d not expect to
receive any money damages or reimbursement of
loss or any individual legal advice or services.
The Disciplinary Administrator encourages
frank discussion with your lawyer which often
resolves the problem. Tell the lawyer about your
dissatisfaction and ask for a full explanation of the
matter. If you still believe your complaint is well
founded, write the Disciplinary Administrator's
Office.
FEE DISPUTES
Fee matters are not ordinarily a basis for discipline
of a lawyer, because they usually involve the
employment contract between the client and
the lawyer rather than questions of ethics or
professional misconduct. If you have a fee dispute
you should first fully discuss the problem with your
lawyer. If that does not resolve the disagreement
you may make application to the court because all
fee contracts in litigated cases are subject to review
and approval by the court having jurisdiction
of the matter. The court has the authority to
determine whether the contract is reasonable. If
the court finds the contract is not reasonable it will
set and allow a reasonable fee for the lawyer.
FILING A COMPLAINT
All complaints must be in writing and filed with
the Office of the Disciplinary Administrator. The
address is:
Office of the Disciplinary Administrator
701 Southwest Jackson, First Floor
Topeka, Kansas 66603-3729
Complaint forms may be obtained at
www.kscourts.org/pdf/complaintform.pdf
or by contacting the office at (785) 296-2486.
INVESTIGATION
Complaints are investigated by local bar
associations or the Disciplinary Administrator's
staff, who may seek further information. Many
complaints are resolved or dismissed after
preliminary investigation.
THE REVIEW COMMITTEE
Once the investigation is complete a review
committee consisting of three lawyers is assigned
to study the complaint and investigative report.
The committee may then dismiss the complaint if
it is found to be without merit.
If the review committee finds probable cause to
believe the lawyer has violated the disciplinary
rules the matter becomes public and all records
and proceedings are open to anyone.
The review committee may informally admonish
the lawyer and the matter ends there. If
discipline stronger than informal admonition
appears warranted the committee may direct the
Disciplinary Administrator to prepare a formal
complaint and a hearing will be scheduled.
THE HEARING PANEL
The hearing panel consists of three lawyers,
including at least two members of the Board
of Discipline. The Disciplinary Administrator's
Office presents evidence in support of the
formal complaint. The accused lawyer is
entitled to representation by counsel and may
present witnesses and evidence in defense. The
complainant may be required to testify at this
hearing.