q 51 KN KENTUCKY BAR ASSOCIATION V. LAWRENCE HEMMING
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TO BE PUBLISHED
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q51 KN
2004-SC-0758-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
1N SUPREME COURT
LAWRENCE HEMMING
(KBA MEMBER NO. 89198)
RESPONDENT
OPINION AND ORDER
In an Opinion and Order entered January 20, 2005, this Court adopted the
conclusion of the Kentucky Bar Association (KBA) Board of Governors that Respondent,
Lawrence Hemming, had violated SCR 3 .130-8 .3(b) (commission of a criminal act that
reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in
other respects) . Ky. Bar Ass'n v. Hemming, 152 S .W .3d 865 (Ky. 2005). We ordered
Respondent's suspension from the practice of law for a period of thirty (30) days, with
said suspension probated for two years on the condition that Respondent enroll in the
Kentucky Lawyer Assistance Program within thirty (30) days of the Order's entry. Id.
We further ordered Respondent to continue participating in the Program for at least two
years. Id .
After Respondent failed to enroll in the Program and did not communicate with
the KBA about his enrollment in the Program, we issued a Show Cause Order on April
21, 2005, providing Respondent thirty (30) days to show cause why his probation
should not be revoked and his suspension imposed . Respondent has not replied.
Accordingly, upon motion of the KBA, it is hereby ordered that Respondent, Lawrence
Hemming, is suspended from the practice of law in the Commonwealth of Kentucky,
effective the date of this order, for a period of thirty (30) days.
All concur.
ENTERED : August 25, 2005.
TO BE PUBLISHED
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2004-SC-0758-KB
KENTUCKY BAR ASSOCIATION
V.
D
DATE
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PETITIONER
IN SUPREME COURT
LAWRENCE HEMMING
(KBA MEMBER NO. 89198)
RESPONDENT
OPINION AND ORDER
On April 27, 2003, Respondent assaulted his mother at her home and caused
her a minor physical injury . Respondent's father also received minor injuries in the
assault . On May 9, 2003, Respondent pled guilty to the charge of assault in the fourth
degree regarding his mother . The charge of assault regarding his father was dismissed .
Respondent was sentenced to a twelve-month term of incarceration, with 90 days to
serve in the Jefferson County Community Corrections Center. The Court probated the
remainder of Respondent's sentence for a period of two years supervised probation .
Respondent also underwent thirty days of inpatient domestic violence offender
treatment, substance/alcohol abuse evaluation/treatment, and psychiatric
evaluation/treatment following the 90 days home incarceration .
By letter dated May 14, 2003, Respondent informed the Kentucky Bar
Association of his criminal conduct and conviction . Respondent expressed regret for his
actions and pledged cooperation to the Kentucky Bar Association in its inquiry into this
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matter. The Inquiry Commission thereafter issued a Complaint against Respondent on
July 21, 2003, which evoked no response from Respondent . A letter was then sent to
Respondent on September 23, 2003, alerting hire of his failure to respond . Again, he
did not respond .
The Inquiry Commission charged Respondent with a violation of SCR 3.1308 .3(b) (Count I), for the domestic abuse that occurred on April 27, 2003, and with a
violation of SCR 3 .130-8 .1(b) (Count II), for not responding to requests for information .
However, the Board of Governors concluded that Respondent's letter reporting his
misconduct, under these circumstances, was tantamount to filing a response to the Bar
Complaint . As such, Respondent was found not guilty of violating SCR 3.130-8 .1(b)
and guilty of violating SCR 3.130-8 .3(b) . Accordingly, it is hereby ordered that:
1 . Respondent, Lawrence Hemming, is suspended from the practice of law for
thirty days with said suspension probated for a period of two years supervised
probation, on the condition that Respondent enroll in the Kentucky Lawyers
Assistance Program within 30 days following entry of this Court's Order.
2 . Respondent continue to participate in the Kentucky Lawyers Assistance
Program as prescribed by the Program for at least two years . Should
Respondent fail to enroll in the Program or fail to continue to participate in the
Program for the mandated length of time, the thirty-day suspension shall be
enforced .
3. Pursuant to SCR 3 .450, Respondent is directed to pay all costs associated
with these disciplinary proceedings in the amount of $157.60, for which
execution may issue from this Court upon finality of this Opinion and Order.
All concur .
ENTERED : January 20, 2005.
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