KENTUCKY BAR ASSOCIATION v. RAYMOND BRIAN RICE
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TO BE PUBLISHED
,$uynwr (gourt of
2004-SC-0313-KB
KENTUCKY BAR ASSOCIATION
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COMPLAINANT
IN SUPREME COURT
RAYMOND BRIAN RICE
RESPONDENT
OPINION AND ORDER
This matter having come before the Court upon the request of the Kentucky Bar
Association ("KBA") for an Order of temporary suspension ; the Court, having reviewed
the record and being otherwise sufficiently advised, hereby orders that Raymond Brian
Rice, Respondent, residing at 3225 Pebble Lake Drive, Lexington, Kentucky, 40515, is
temporarily suspended from the practice of law in the Commonwealth in accordance
with SCR 3.166 due to his pleas of guilty to two counts of False Statement as to
Identification, in violation of KRS 434 .570, a Class D Felony.
Respondent, who admitted he made false statements to procure two credit
cards, entered his guilty pleas in the Fayette Circuit Court on August 9, 2002 .
Respondent served a total of fifty-one (51) days in custody prior to sentencing and was
sentenced to a period of probation of five (5) years. Among the conditions of
Respondent's probation is the payment of restitution in the amount of $13,943 .00.
Neither the prosecuting attorney nor Respondent informed the KBA of the conviction .
Pursuant to SCR 3 .166(1), "[a]ny member of the Kentucky Bar Association who pleads
guilty . . . [to] a felony . . . shall be automatically suspended from the practice of law in
this Commonwealth ."
ACCORDINGLY, IT IS HEREBY ORDERED :
(1)
Respondent is temporarily suspended from the practice of law in the
Commonwealth of Kentucky until superseded by order of this Court. The period of
suspension is effective from August 10, 2002, "the day following the plea of guilty ." SCR
3 .166(1).
(2)
In accordance with SCR 3 .166(4) and 3.390, Respondent shall, within ten
(10) days from the entry of this Opinion and Order, notify in writing all courts in which he
may have matters pending and all clients, of his inability to provide further legal
services, and furnish the Director of the Kentucky Bar Association with a copy of all
such letters. Respondent shall also make arrangements to return all active files to the
clients or new counsel, shall return all unearned attorney fees and client property to the
client and shall advise the KBA's Director of such arrangements within the same ten
(10) day period .
All concur.
ENTERED : August 26, 2004 .
COUNSEL FOR COMPLAINANT :
Cindra Walker
Deputy Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
RESPONDENT:
R. Brian Rice
3225 Pebble Lake Drive
Lexington, Kentucky 40515
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