BRUCE PERRYN ZALMAN V. KENTUCKY BAR ASSOCIATION
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TO BE PUBLISHED
BRUCE PERRYN ZALMAN
:/
IN SUPREME COURT
V.
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Applicant, Bruce Perryn Zalman, was admitted to the practice of law in the
Commonwealth of Kentucky in September 1972. In 1987, a United States Grand Jury
for the Western District of Kentucky indicted Zalman on five counts of arranging
fraudulent marriages between United States citizens and Iranian nationals. He was
corrvicted
on all five counts and sentenced to three years on each count, to run
concurrently. The Sixth Circuit Court of Appeals reversed one conviction but affirmed
the remainder.
As a result of these convictions, the Kentucky Bar Association (KBA) initiated
proceedings against Zalman for unethical and unprofessional conduct in violation of
app!icabie disciplinary rules. On April 13, 1989, Zalman moved to resign from the KBA
under terms of disbarment, acknowledged that his criminal conduct violated tlhe Code of
Professional Responsibility, and agreed that his conduct was unethical and
unprofessional and brought the bench and bar into disrepute.
In a May 4, 1989, Opinion and Order, Zalman was disbarred until reinstated by
order of this Court. The order further provided that Zalman be prohibited from filing for
reinstatement for five years from the date of disbarment; that he present evidence that
he had satisfied the judgment and conviction of the United States District Cocrt-t; that he
pay the costs of the proceedings against him; and that he notify his clients and the
courts of his disbarment. Zalman v. Kentucky Bar Association, Ky., 769 S.W.2d 41
(1989).
On August 10, 1998, Zalman filed an application for reinstatement. The
proceedings were conducted under SCR 3.520 as they began prior to the effective date
of deletion of that rule. Thus, the application was transmitted to the Character and
Fitness Committee and the Director of Continuing Legal Education. The CLE director
verified that Zalman had met the requirements for reinstatement. On August 10, 1999,
a majority of the Character and Fitness Committee denied Zalman’s application for
reinstatement on the grounds that he had failed to state a present intent to practice law
in the Commonwealth of Kentucky, and thus no “compelling and justifiable” basis
existed for reinstatement. The Trial Commissioner subsequently disagreed and
recommended reinstatement. That recommendation was then forwarded to the Board
of Governors of the Kentucky Bar Association, which recommended reinstatement by a
vote of fifteen to zero.
By order dated November 22, 2000, this Court reinstated Zalman to the practice
of law. However, the Character and Fitness Committee thereafter filed a motion for
reconsideration stating that the reinstatement order was premature since Zaltnan had
not yet taken or passed the written examination required for restoration of his
membership. As such, on February 22, 2001, we vacated the prior order of
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reinstatement. Further, on April 26, 2001, we abated Zalman’s motion for
reconsideration for a period of one (1) year, during which time he was to proffer
evidence of his successful passage of the required examination.
On April 8, 2002, The Kentucky Board of Bar Examiners certified to this Court
that Zalman took and received a passing score on the examination which was
administered on February 20, 2002. Further, the Director of Continuing Legal
Education has verified that Zalman has completed more than the maximum
requirement of 62.5 CLE credits, including 10.0 ethics credits.
It is not contested by the Character and Fitness Committee, the Trial
Commissioner, or the Board of Governors that Zalman has complied with all of the
requirements of reinstatement and has demonstrated that he is worthy of the trust and
confidence of the public. He has shown that he is now of good and moral character
and that he appreciates the wrongfulness of his acts and has atoned for his
misconduct. In Re Cohen, Ky., 706 S.W.2d 832 (1986).
Based upon the foregoing facts, it is ordered that the recommendation of the
Board of Governors for reinstatement be adopted. It is further ordered that:
1. Applicant, Bruce Perryn Zalman, is hereby reinstated to practice law in the
Commonwealth of Kentucky, subject to current compliance with Continuing Legal
Education standards.
2. Applicant is directed to pay all costs associated with his reinstatement
application, said sum being $903.71, and for which execution may issue from this Court
upon finality of this Opinion and Order.
3. Further, Applicant is directed to pay an additional $21 .OO, such amount
representing the increase of annual Bar dues from $200.00 to $221 .OO.
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All concur.
ENTERED: August 22,2002.
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