KENTUCKY BAR ASSOCIATION V. RITA LYNN CARTEE
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TO BE PUBLISHED
AS CORRECTED : OCTOBER 17, 2002
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2002-SC-0398-KB
KENTUCKY BAR ASSOCIATION
WAWW
V.
IN SUPREME COURT
ID
DATE.LD,
RITA LYNN CARTEE
-0
RESPONDENT
OPINION AND ORDER
The KBA Board of Governors has recommended that Rita Lynn Cartee, of
Olive Hill, Kentucky KBA number 10810, be disbarred . She is currently on suspension
from the practice of law due to a previous disciplinary action discussed below .
Ms. Cartee, Respondent, was admitted to the bar in 1979 and practiced
law in Paducah . A client filed a disciplinary complaint against her in December, 2001 .
The complaint arose because Respondent was paid $650 .00 to file a bankruptcy
petition . She never filed the petition and she failed to return the fee . The KBA Office of
Bar Counsel was unable to locate Respondent at her Bar Roster address and the
complaint was served on Respondent through the Office of the Secretary of State
pursuant to KRS 454.210. She did not respond to the complaint . She has been charged
with violations of SCR 3.130-8 .3(c), SCR 3 .130-1 .16(d), and SCR 3.130-1 .3 . The matter
V
was treated as a default case pursuant to SCR 3.210(1) and the Inquiry Commission
submitted the case to the Board of Governors .
Upon examination of the case, the Board reviewed past disciplinary
actions against Respondent . In Kentucky Bar Association v. Cartee , Ky ., 39 S.W.3d 28
(2001), a client hired Respondent and paid her a $500.00 fee to represent him in a
bankruptcy action . The client repeatedly questioned Respondent about the progress of
the case. Without giving acceptable reasons for delay of the case, Respondent closed
her office and moved out of town, leaving no new address. She did not refund the
$500.00 or respond to the complaints against her. She was suspended for thirty days .
In Kentucky Bar Association v . Rita Lynn Cartee , Ky., 53 S .W .3d 69
(2000), Respondent was suspended from the practice of law for two years beginning on
March 22, 2001 for violations of SCR 3 .130-8 .3(c), SCR 3.130-1 .16(d), and SCR 3 .130
1 .3. She was suspended pursuant to this matter at the time the present action was
taken against her . A client hired Respondent to appeal from a judgment. Respondent
filed a brief but the Court of Appeals ruled against her client . She never informed him of
this result despite repeated attempts by the client to contact her. Due to her failure to
inform her client, the client owed back child support and a criminal proceeding was filed
against him . The client's new counsel requested the client's files from Respondent but
she did not produce the files or respond to the requests . The client filed a bar complaint
but Respondent failed to file a response or to respond to the Inquiry Commission's
charges against her.
Respondent was also suspended in April, 2000 for non-payment of dues
and in August, 2000 for violation of SCR 3.130-1 .4(a) for failing to keep a client
reasonably informed .
The Board of Governors unanimously found Respondent guilty on all
three counts and recommends that she be disbarred from the practice of law and pay
$64.04 for the costs of the proceedings . Thirteen members of the Board voted for
disbarment and six voted to add five years to her current suspension .
In view of Respondent's history of professional misconduct, failure to
respond to disciplinary actions, and failure to update her address with the KBA, we
cannot conclude that suspending Respondent from the practice of law for additional
time would sufficiently impress upon her the unacceptability of her actions . Her previous
suspensions have not led to a more conscientious practice of law. She has been found
guilty of three counts of professional misconduct in the present case as well as similar
counts of misconduct in past proceedings . There is an unmistakable pattern of neglect
by Respondent . Not only has she failed to respond to clients' requests for information or
return of unearned fees, she has also failed to respond to the Inquiry Commission in
this case and in at least one past disciplinary case.
Upon consideration of the record and the recommendation of the Board of
Governors, it is ordered that:
1 . Respondent, Rita Lynn Cartee, is hereby disbarred from the practice of
law in the Commonwealth of Kentucky.
2. Respondent is directed to pay $64.04 in costs to the Kentucky Bar
Association .
Lambert, C.J., and Cooper, Johnstone, Stumbo, and Wintersheimer, JJ .,
concur . Graves and Keller, JJ ., dissent and, pursuant to SCR 3.370(9), would accept
review of the Board's recommendation with the intention of imposing a five-year
suspension to run consecutive to Respondent's other suspension.
ENTERED: September 26, 2002 .
COUNSEL FOR MOVANT :
Bruce K. Davis
Executive Director
Jay R. Garrett
Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
COUNSEL FOR RESPONDENT:
Rita Lynn Cartee
670 Orchard Avenue
Olive Hill, KY 41164
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2002-SC-0398-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
RITA LYNN CARTEE
RESPONDENT
ORDER CORRECTING OPINION AND ORDER
The citations contained on page 2 of this Court's Opinion and Order
rendered September 26, 2002, are incorrect . To correct same, the Opinion and Order
is corrected by the substitution of page 2 attached hereto in lieu of the original page 2.
ENTERED : October 17, 2002 .
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