MELISSA HAGGARD KBA MEMBER NO . 88204 V. KENTUCKY BAR ASSOCIATION
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MELISSA HAGGARD
KBA MEMBER NO . 88204
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MOVANT
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IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
On February 27, 2002, the Inquiry Commission of the Kentucky Bar Association
issued a two (2) count disciplinary charge against Movant, Melissa Haggard of
Louisville, Kentucky, who was admitted to the practice of law in this Commonwealth on
May 21, 2000 . As a result of Movant's August 3, 2001 guilty pleas (pursuant to North
Carolina v. Alford , 400 U .S . 25, 91 S.Ct. 160, 27 L.Ed .2d 162 (1970)) to three (3)
counts of Impersonating a Peace Officer in violation of KRS 519.055, a Class D felony,
the Inquiry Commission charged her with violations of: (1) SCR 3.130-8 .3(b), which
provides that "[i]t is professional misconduct for a lawyer to: Commit a criminal act that
reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in
other respects" ; and (2) SCR 3.130-8 .3(c), which provides that "[i]t is professional
misconduct for a lawyer to : Engage in conduct involving dishonesty, fraud, deceit or
misrepresentation ." Pursuant to SCR 3 .661(1), Movant was automatically suspended
from the practice of law as a result of her felony guilty pleas, and this Court confirmed
Movant's suspension on October 25, 2001 . KBA v. Haggard , Ky ., 57 S .W.3d 300
(2001).
At Movant's formal sentencing, the trial court permitted Movant to participate in a
pretrial diversion program and required Movant to complete an alcohol counseling
program during a one (1) year term of unsupervised probation . Because Movant's
successful completion of pretrial diversion would result in dismissal of the felony
charges, KRS 533.358, the Inquiry Commission granted Movant's motion to hold the
disciplinary case in abeyance until the Jefferson Circuit Court proceedings were
completed . Movant subsequently successfully completed the terms of her diversion
agreement, and on October 2, 2002, the trial court set aside her pleas and dismissgd
the charges against her.
Movant is now before the Court pursuant to a Motion for Consensual Discipline
in which she admits to violating SCR 3 .130-8 .3(c) as set forth in Count II of the Inquiry
Commission's charge and asks this Court to enter an order suspending her from the
practice of law for two (2) years as a result of that violation . Movant further moves the
Court to : (1) dismiss Count I of the itharge ; and (2) order the period of suspension to
run retrospectively from the beginning date of her automatic suspension . See KBA v.
Hickey, Ky., 31 S.W .3d 434 (2000) . KBA Bar Counsel states that the KBA has no
objection to Movant's motion and recommends that the Court "enter an opinion and
order pursuant to the terms described in Movant's motion."
Accordingly, we grant Movant's motion and hereby order that:
(1) Movant, Melissa Haggard is suspended from the practice of law for a period
of two (2) years for her violation of SCR 3.130-8 .3(c). The suspension shall commence
on August 4, 2001 - the beginning date of her automatic suspension - and shall
continue until such time as she is reinstated to the practice of law by order of this Court
under SCR 3 .510. Upon the completion of the remaining conditions set forth in this
order, the KBA File 8558 disciplinary proceeding against Movant shall be terminated .
This order supercedes the Court's earlier Opinion and Order confirming Movant's SCR
3.661(1) automatic suspension from the practice of law.
(2) In accordance with SCR 3 .450, Movant is directed to pay all costs associated
with these disciplinary proceedings against her, said sum being $14.80, and for which
execution may issue from this Court upon finality of this Opinion and Order .
(3) In accordance with SCR 3.390, and to the extent that she has not done so
already, Movant, shall: (a) immediately, to the extent possible, cancel and cease any
advertising activities ; and (b) notify all courts in which she has matters pending, and all
clients for whom she is actively involved in litigation and similar legal matters of her
inability to continue to represent them and of the necessity and urgency of promptly
retaining new counsel . Such notification shall be by letter duly placed in the United
States mail within ten (10) days of the finality of this Opinion and Order. Movant shall
provide a copy of all such letters to the Director of the Kentucky Bar Association .
All concur.
Entered : October 23, 2003.
COUNSEL FOR MOVANT :
Peter L. Ostermiller
Kentucky Home Life Building
239 South Fifth Street
Suite 1800
Louisville, Kentucky 40202
COUNSEL FOR RESPONDENT:
Bruce K. Davis
Executive Director
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
Jane H . Herrick
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
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