KENTUCKY BAR ASSOCIATION V. WINIFRED BYRON ROBERTS
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TO BE PUBLISHED
2000-SC-0081 - K B ~.- .
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KENTUCKY BAR ASSOCIATION
V.
IN SUPREME COURT
RESPONDENT
WINIFRED BYRON ROBERTS
OPINION AND ORDER
The Respondent, Winifred Byron Roberts was admitted to practice law in the
Commonwealth of Kentucky on November 18, 1983. The Kentucky Bar Association
(KBA), moves this Court to enter a public order confirming Respondent’s suspension
from the practice of law in this Commonwealth since November 5, 1999.
On November 4, 1999, Respondent was convicted in the Montgomery Circuit
Court of the offense of Theft by Deception, KRS 514.040, a felony. Respondent’s
conviction resulted from her unlawfully obtaining $6,308.02
between July 10, 1998 and
September 15, 1998 from the Community Trust Bank in return for worthless checks
drawn by Respondent upon her account at the Farmers’ Bank in Owingsville, Kentucky.
Pursuant to SCR 3.166(l), Respondent was automatically suspended from the
practice of law on November 5, 1999, the day following her conviction. SCR 3.166(l)
provides in part:
Any member of the Kentucky Bar Association who pleads guilty or
is convicted by a judge or jury of a felony as defined in KRS 500.080 shall
be automatically suspended from the practice of law in this
Commonwealth. The suspension shall take effect automatically beginning
on the day following the plea of guilty or finding of guilt by a judge or jury
or upon the entry of judgment whichever occurs first. The suspension
under this rule shall remain in effect until dissolved or superseded by
order of the Court.
SCR 3.166(l).
This Court takes notice of the fact that Respondent was found guilty of the above
charge on November 4, 1999, and that no motion has been filed to dissolve or modify
the suspension pursuant to SCR 3.166(l).
To the extent that she has not already done so, Respondent shall, under this
rule, notify all clients in writing of her inability to continue to represent them and shall
furnish copies of all such letters to the Director of the KBA. These letters shall be
mailed to the client within ten (10) days after the plea of guilty, conviction by judge or
jury, or entry of judgment has been made. Respondent shall make arrangements to
return all active files to the client or new counsel and shall return all unearned attorney
fees and client property to the client and shall advise the Director of such arrangements
within the same ten (10) day period.
Disciplinary proceedings shall be initiated against Respondent by the Inquiry
Commission pursuant to SCR 3.160, unless already begun or unless Respondent
resigns under terms of disbarment.
Pursuant to SCR 3.166(l), Respondent’s suspension shall remain in effect until
dissolved or superseded by order of this Court.
Wherefore, Respondent, Winifred Byron Roberts, having been automatically
suspended from the practice of law in this Commonwealth on November 5, 1999
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incident to her felony conviction, the request of the KBA for entry of an order
memorializing such suspension for the purpose of notice to the members of the legal
profession and to the public is granted.
All concur.
ENTERED: March 23,200O.
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