KENTUCKY BAR ASSOCIATION V. SHARON EASTHOM ROWSEY
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2011-SC-000034-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
SHARON EASTHOM ROWSEY
RESPONDENT
OPINION AND ORDER
Sharon Easthom Rowsey, KBA Member No . 82763, was admitted to the
practice of law on November 3, 1988, and maintains a bar roster address of
P.O . Box 807, Ashland, KY 41105-0807 . Now before this Court is KBA File
15543 which alleges that Rowsey violated SCR 3 .130-3 .3(a)(1), SCR 3 .1303 .3(a)(2), SCR 3 .130-3 .3(a)(3), and SCR 3 .130-8 .4(c) by committing perjury
during a United States Bankruptcy Court proceeding . The Trial
Commissioner's report adopted the Bar Counsel's recommended punishment
for Rowsey consisting of a suspension from the practice of law for one hundred
eighty-one (181) days with sixty-one (61) days to serve and the balance being
probated pending Rowsey's successful completion of the Ethics and
Professionalism Enhancement Program scheduled for Spring 2011 . Since
neither Rowsey nor the KBA filed a notice of appeal pursuant to SCR 3.360(4)
we now enter a final order pursuant to SCR 3 .370(10) adopting the Trial
Commissioner's recommendation .
The charges in KBA File 15543 stem from testimony Rowsey gave before
the United States Bankruptcy Court for the Eastern District of Kentucky . In a
decision issued July 12, 2007, and offered into evidence in this proceeding, the
Bankruptcy Court found that Rowsey knowingly gave incomplete, misleading,
and false testimony on at least two occasions . In particular the Bankruptcy
Court found that her testimony was not " . . . full, complete, [or] truthful . . . ."
and was actually " . . . incomplete, misleading, and false . . . ." Rowsey
acknowledges that due to collateral estoppel she is barred from challenging the
conclusions and ruling of the Bankruptcy Court. Thus, she has effectively
stipulated that she is guilty of violating SCR 3 .130-3 .3(a)(1) ("A lawyer shall not
knowingly . . . [m]ake a false statement of fact or law to a tribunal or fail to
correct a false statement of material fact or law previously made to the tribunal
by the lawyer"), SCR 3 .130-3 .3(a)(2) ("A lawyer shall not knowingly . . . [flail to
disclose to the tribunal published legal authority in the controlling jurisdiction
known to the lawyer to be directly adverse to the position of the client and not
disclosed by opposing counsel"), SCR 3 .130-3 .3(a)(3) ("A lawyer shall not
knowingly . . . [o]ffer evidence that the lawyer knows to be false. If a lawyer . . .
has offered material evidence and the lawyer comes to know of its falsity, the
lawyer shall take reasonable remedial measures, including, if necessary,
disclosure to the tribunal."), and SCR 3 .130-8 .4(c) ("It is professional
misconduct for a lawyer to . . . [e]ngage in conduct involving dishonesty, fraud,
deceit, or misrepresentation .") .
At Rowsey's evidentiary hearing before Bar Counsel testimony was
presented that Rowsey suffered from physical illness, stress from financial
issues, and stress from having her first child enter college. There was also
evidence .presented that Rowsey had an excellent reputation for truth and
veracity and was held in high esteem by her local legal community. Based on
this mitigating evidence Bar Counsel recommended she be sanctioned by
a
suspension from the practice of law for a. period of one hundred eighty-one
(181) days with sixty-one (61) days to serve and the balance probated pending
Rowsey's successful completion of the Ethics and Professionalism
Enhancement Program in Spring 2011 . The Trial Commissioner adopted the
Bar Counsel recommendation . Since neither Rowsey or the KBA appealed the
Trial Commissioner's determination to this Court, we adopt the
recommendation pursuant to SCR 3 .370(10) .
Thus it is ORDERED that:
1) Respondent, Sharon Easthom Rowsey, KBA Number 82763, PO Box
807, Ashland, KY 41105-0807, is adjudged guilty of violating SCR 3 .1303 .3(a)(1), SCR 3 .130-3 .3(a)(2), SCR 3 .130-3 .3(a)(3), and SCR 3 .130-8 .4(c) as
charged in KBA File 15543;
2) Respondent is suspended from the practice of law in Kentucky for one
hundred eighty-one (181) days with sixty-one (61) days to serve and the
balance being probated pending her successful completion of the Ethics and
Professionalism Enhancement Program scheduled for Spring 2011 ;
3) Under SCR 3 .390, Respondent must, within ten (10) days from entry
of this Opinion and Order, (a) to the extent possible, cancel and cease any
advertising activities in which she is engaged; and (b) notify all clients, in
writing, of her inability to represent them; notify all courts in which she has
matters pending of her disbarment from the practice of law; and furnish copies
of said letters of notice to the Director of the Kentucky Bar Association;
4) In accordance with SCR 3 .450, Respondent is directed to pay all costs
associated with these disciplinary proceedings against her, said sum being
$851 .52, for which execution may issue from this Court upon finality of this
Opinion and Order .
Minton, C.J., Cunningham, Noble, Schroder, Scott and Venters, JJ .,
concur. Abramson, J., not sitting.
ENTERED: March 24, 2011 .
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