KENTUCKY BAR ASSOCIATION V. JOEL R. EMBRY
Annotate this Case
Download PDF
upxrmr tvurf of
~ilifu
2004-SC-000763-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
JOEL R . EMBRY
RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association (KBA) moves this Court to enter an Order
of permanent disbarment pursuant to our previous Order of January 20, 2005, or in the
alternative to enter a Show Cause Order directing Joel R. Embry (Embry), KBA no.
20905, to show cause why the permanent disbarment provisions of the Court's previous
Opinion and Order should not be imposed . We find the Show Cause Order to be
unwarranted and enter an Order of permanent disbarment .
This Court previously entered an Order placing Embry on a five-year
suspension in connection with the misconduct charged in KBA File 7281 . That Order of
January 20, 2005 required Embry to comply with the terms of his criminal probation for
the underlying criminal conduct involving the manslaughter of his mother . At the time of
the hearing in the disciplinary case, Embry was on probation for that crime .
We specifically ordered "that Respondent comply with the terms of
probation imposed by the Court pursuant to his criminal convictions, and that any
violations of such terms resulting in the revocation of probation would result in
permanent disbarment ." The KBA received a letter dated October 11, 2004 from
Embry's counsel . It stated that Embry had admitted using cocaine since being placed
on criminal probation, and had tested positive for cocaine after the date of his testimony
before the KBA in June in connection with the underlying disciplinary case.
Subsequently, the KBA obtained a copy of an Order dated October 25, 2004 from the
Christian Circuit Court revoking Embry's probation after a probation revocation hearing,
which included a finding of cocaine use . Embry was remanded to the custody of the
Department of Corrections to complete service of his ten-year prison sentence .
The record shows a clear lack of compliance with the terms of our
previous Order. Upon the foregoing facts and charges, we hold that the
recommendation of the KBA should be adopted. Therefore, it is ORDERED that:
1.
Joel R. Embry is hereby permanently disbarred from the practice of
law in the Commonwealth of Kentucky for violating the Court's Order of January 20,
2005 .
2.
In accordance with SCR 3.450, Embry is directed to pay all costs
associated with these disciplinary proceedings in the amount of $814.59 for which
execution may issue from this Court upon finality of this Order.
All concur.
ENTERED: October 20, 2005 .
COUNSEL FOR MOVANT :
Bruce K. Davis, Executive Director
Linda Gosnell, Chief Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
COUNSEL FOR RESPONDENT :
Joel R . Embry III
210 Fairview Drive
Hopkinsville, KY 42240
TO BE PUBLISHED
nyr8ZYt8
(gourf of "
FF11
2004-SC-0763-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
JOEL R . EMBRY
KBA MEMBER NO. 20905
RESPONDENT
OPINION AND ORDER
On November 22, 2000, Respondent, Joel Embry, was suspended from
the practice of law for failing to pay dues . On April 20, 2001, the Inquiry Commission
charged Respondent with one count of violating SCR 3 .130-8 .3(b) because he pleaded
guilty to second-degree manslaughter and first-degree possession of a controlled
substance . On January 24, 2003, Respondent was formally sentenced to ten years
imprisonment for manslaughter and five years for possession of a controlled substance,
to be served concurrently .
The Trial Commissioner recommended that Respondent be suspended
from the practice of law for five years subject to conditions including drug tests, that he
be allowed to reapply to the KBA for bar membership after five years, and that he be
subject to permanent disbarment for any further violations . The Board of Governors of
the Kentucky Bar Association ("Board") voted 19-0 that Respondent was guilty of the
charge . The Board voted 13-5 to affirm the Recommendation of the Trial
Commissioner, with all conditions, except that the five-year period of suspension is to
run from the date of this Order. The Board also concluded that Respondent must
participate in the Kentucky Lawyer's Assistance Program (KYLAP), with the appropriate
monitoring to be established by agreement with KYLAP and the Office of Bar Counsel
of the KBA . We adopt the recommendation of the Board of Governors that Respondent
receive a five year suspension from the practice of law.
It is undisputed that Respondent endured some difficult situations
throughout his life . During argument before the Board of Governors, Counsel for
Respondent stated that Respondent lived in Hopkinsville most of his life. His mother
stayed home and was afflicted with alcoholism, schizophrenia, and later in her life, was
diagnosed with Alzheimer's disease . His father also drank excessive amounts of
alcohol .
Professionally, Respondent had served as a public defender for the
Department of Public Advocacy. Respondent took difficult cases including death
penalties . In 1982, Respondent was married to a mother of two children. His marriage
lasted for about eight years . During those eight years, the daughter died of a brain
injury and the son went to prison for shooting a man .
In November 1991, Respondent's father died and he moved in to take
care of his mother . While he was working he was able to hire a caretaker to tend to his
mother . However, six months after the death of his father, Respondent began using
crack cocaine and became a regular user . As time progressed, Respondent's use of
cocaine increased and his coworkers warned that he should seek treatment for his
problem . Respondent responded that he did not want to seek treatment because it
would require him to be away from his mother for thirty days. He did not want her
committed to a care facility because his father had also refused to do so. He also
considered that any drug abuse treatment was unlikely to be successful . Respondent's
drug addiction and financial situation continued to spiral downward until the resources
for paying his mother's caretakers became depleted . In November of 1998, after
flunking a drug test, which he agreed to take or face termination, he voluntarily resigned
from DPA and attempted to continue in private practice .
On February 7, 1999, Respondent could not awaken his mother, and
called for an ambulance . She was transported to the hospital, examined, and
diagnosed with pneumonia . Medical personnel determined that due to her emaciated
condition that they should contact the police . The police report taken in the emergency
room indicated that Respondent's mother had a body temperature of 85 degrees; that
she had multiple sores, abrasions, and contusions ; and that she had feces and urine on
her body, feet, and legs. During a search of Respondent's house, the police discovered
some deplorable conditions such as a soiled bed and floors . During the search police
also discovered drug paraphernalia . His mother died several days later and
Respondent was indicted for manslaughter and drug possession.
Respondent pleaded
guilty to the charges .
On January 24, 2003, Respondent was formally sentenced to ten years
imprisonment for manslaughter and five years for possession of a controlled substance,
to be served concurrently . On May 1, of 2002, Respondent received shock probation
after serving 150 days in jail . Since Respondent's suspension from the practice of law,
he has worked as a lathe operator at a factory and has been free of drugs.
The Board notes that this is a tragic case of a person who was a
committed, competent, and conscientious career public defender who had no previous
disciplinary charges . As his duties in caring for his mother increased, his drug use
escalated . The Board notes that Respondent was remorseful and wished he could
practice law again to help people as he did before . Respondent also stated that he
would comply with any decision of character and fitness committee, including KYLAP
assistance .
Respondent's admission that he violated SCR 3 .130-8 .3(b) of the Rules of
Professional Conduct by his guilty pleas to both felonies is sufficient to support such a
violation . SCR 3 .130-8 .3(b) states, "It is professional misconduct for a lawyer to: (b)
Commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or
fitness as a lawyer in other respects ." In Kentucky Bar Association v. Jones ,' this Court
made clear that a plea of guilty to a felony can be such conduct that is calculated to
bring a member of the bar into disrepute, and ordered a two-year suspension for two
convictions of reckless homicide as a result of that attorney's drunken driving . Here we
have two such pleas that warrant a suspension for five years .
Upon the foregoing facts and charges, it is ordered that the
recommendation of the Board of Governors be adopted. Therefore, it is ORDERED
that:
1 . Respondent is hereby suspended from the practice of law for violating
SCR 3 .130-8 .3 for a period of five years to begin upon the date of this Order .
2 . That Respondent comply with the terms of probation imposed by the
Court pursuant to his criminal convictions, and that any violation of such terms resulting
in the revocation of probation would result in permanent disbarment .
1
759 S .W.2d 61 (Ky. 1988) .
3 . That at the end of this suspension Respondent shall be required to
reapply for admission to the Kentucky Bar, and that such application be reviewed under
the provisions of SCR 3 .505, SCR 2 .040, and SCR 3 .510.
4. In accordance with SCR 3 .166(4) and 3.390, Respondent shall, within
ten 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 to new counsel, and shall return all unearned attorney fees and client property
to the client and shall advise the KBA Director of such arrangements within the same
ten day period .
5. In accordance with SCR 3.450, Respondent is directed to pay all costs
associated with these disciplinary proceedings in the amount of $814.59 for which
execution may issue from this Court upon finality of this Order .
All concur.
ENTERED: January 20, 2005 .
COUNSEL FOR MOVANT:
Bruce K. Davis, Executive Director
Linda Gosnell
Deputy Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
COUNSEL FOR RESPONDENT:
Joel R . Embry
210 Fairview Drive
Hopkinsville, KY 42240
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
