GEORGE BERTRAM, ESQ . KBA MEMBER NO . 81224 V. KENTUCKY BAR ASSOCIATION
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TO BE PUBLISHED
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2004-SC-0023-KB
KBA FILES 8616, 8978, & 959
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G. GEORGE BERTRAM, ESQ .
KBA MEMBER NO . 81224
MOVANT
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
By agreement between Movant and Bar Counsel, pursuant to SCR 3.480(2), G .
George Bertram, of Louisville, Kentucky, moves this Court for an order suspending his
license to practice law in the Commonwealth of Kentucky for five years, or until such
time that his criminal probation expires, whichever occurs first.
Movant was admitted to the practice of law in Kentucky on October 22, 1985, and
was temporarily suspended on March 14, 2002, pursuant to SCR 3 .166, following a
criminal conviction in the Russell Circuit Court of one count of driving under the
influence, a misdemeanor, and one count of first-degree possession of a controlled
substance, while in possession of a firearm, a Class D felony . Movant was charged in
KBA File 8616, on April 24, 2003, with a violation of SCR 3 .130-8 .3(b), which states that
"[i]t is professional misconduct for a lawyer to: . . . [c]ommit a criminal act that reflects
adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other
respects ."
On April 29, 2003, Movant was again charged with a violation of SCR 3 .1308 .3(b) in KBA File 9590, for pleading guilty to one count of possession of a controlled
substance, a felony, on July 2, 2002, in the Wayne Circuit Court .
On August 19, 2003, Movant was charged for a third time with a violation of SCR
3 .130-8 .3(b) in KBA File 8978 . This violation stemmed from Movant's illegal use of
intoxicating substances, including the prescription drug Oxycontin, during his
representation of Willie Rollins in a criminal matter before the McCreary Circuit Court.
On at least one occasion, Movant appeared in court to represent Mr. Rollins while under
the influence of drugs .
Movant admits that he violated SCR 3 .130-8 .3(b) in KBA Files 8616, 9590, and
8978 when he engaged in the above-stated conduct and asks us to terminate these
proceedings, and any other proceedings before this Court, so that he may consent to a
suspension from the practice of law in Kentucky for a period of five years, or until such
time that his criminal probation expires, whichever comes first. Movant asks that his
suspension be effective starting from March 14, 2002, the date of his automatic
suspension pursuant to SCR 3 .166 . Movant further states that if his criminal probation
should expire first, that he shall remain suspended from the practice of law in Kentucky
for a minimum of three years from March 14, 2002, and will not thereafter seek
reinstatement until no earlier than March 14, 2005 . Movant also agrees that he will
continue his monitoring contract with the Kentucky Lawyer's Assistance Program
through March 14, 2007.
Therefore, it is ordered that Movant's Motion for Suspension from the Practice of
Law be granted under the terms proposed within.
It is further ORDERED that:
1 . Movant, G . George Bertram, is hereby suspended from the practice of law in
the Commonwealth of Kentucky for a period of five years, or until such time his criminal
probation expires, whichever event occurs first, effective March 14, 2002 . In no
instance shall Movant be permitted to apply for reinstatement to the practice of law in
Kentucky until he has served a minimum of three years suspension.
2 . In accordance with SCR 3 .450, Movant, G. George Bertram, is directed to pay
all costs associated with these disciplinary proceedings for which execution may issue
from this Court upon finality of this Opinion and Order.
3 . Movant, G. George Bertram, shall continue his monitoring contract with the
Kentucky Lawyer's Assistance Program until March 14, 2007 .
4 . Pursuant to SCR 3 .390, Movant shall, within ten days from the entry of this
Opinion and Order, notify in writing all courts in which he has matters pending and all
clients of his inability to represent them, and furnish copies of said letters of notice to the
Director of the Kentucky Bar Association, where he has not already done so . Movant
shall further cancel and cease any advertising activities in which he is still engaged .
Lambert, C.J ., Cooper, Johnstone, and Stumbo, JJ ., concur. Graves, Keller, and
Wintersheimer, JJ ., dissent and would deny the motion and remand for further
proceedings .
Entered : February 19, 2004.
3
COUNSEL FOR MOVANT :
G. George Bertram
Suite 506, Legal Arts Building
200 South 7th Street
Louisville, KY 40202-2721
COUNSEL FOR RESPONDENT :
Jay R. Garrett
Kentucky Bar Association
514 W. Main Street
Frankfort, KY 40601
Bruce K. Davis
Executive Director
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
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