KENTUCKY BAR ASSOCIATION V. ROBERT M. BEAL
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2005-SC-00382-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
ROBERT M . BEAL
RESPONDENT
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association has recommended that
the Court find Respondent, Robert M . Beal, whose Bar Roster Address is P .O. Box
70051, Louisville, Kentucky 40270-0051 and whose KBA Member Number is 03887,
guilty of violating SCR 3.130-8 .1(b) for having knowingly failed to "respond to a lawful
demand for information from an admission or disciplinary authority." The Board has
recommended that Beal receive a public reprimand for the violation and that the costs of
this action be assessed against him .
The charge against Beal arose out of a bar complaint filed by Charles Green
alleging misconduct by Beal in the handling of a worker's compensation case . On April
8, 2002, Bar Counsel sent a copy of the bar complaint to Beal by certified mail . The bar
complaint was accompanied by a cover letter indicating that "failure to respond to the
Complaint may subject you to an additional Charge of misconduct pursuant to SCR
3.130-8 .1 ." Beal received and signed for the bar complaint on April 13, 2004 . Beal did
not respond to the bar complaint .
A second notification letter was sent to Beal by certified mail on May 7, 2004.
The second letter indicated that the KBA had not received a response to the first notice
and again indicated that failure to file a response as required by the Rules might subject
Beal to an additional charge of misconduct. Again, Beal filed no response.
On November 9, 2004, the Inquiry Commission issued a one-count charge that
Beal had violated SCR 3 .130-8 .1(b) when he failed to file a response to the complaint
against him .' A reminder letter was sent to Beal on December 21, 2004. Beal has not
responded to this charge .
A member of the Board of Governors filed a report with the Board, which then
considered the charge against Beal . The Board voted on whether Beal was guilty of
violating SCR 3 .130-8 .1(b), with fifteen members present voting "guilty" and two
members present voting "not guilty." The Board then voted on the appropriate discipline
to recommend to this Court, with fifteen members present voting for a public reprimand
and two members present abstaining .
The Board then filed a recommendation that Beal be found guilty of the charge in
Kentucky Bar Association File No . 11622 for failure to respond to a bar complaint in
violation of SCR 3.130-8 .1(b) and recommending that Beal be publicly reprimanded and
that the costs of these proceedings be assessed against him . Beal has not filed a notice
for this Court to review the Board's decision, and we do not elect to review the decision
of the Board of Governors pursuant to SCR 3 .370(8) . Wherefore, the decision of the
Board of Governors is hereby adopted pursuant to SCR 3.370(10) .
ACCORDINGLY, IT IS HEREBY ORDERED:
' The Office of Bar Counsel investigated Charles Green's underlying complaint
and found that it had no basis . The Inquiry Commission chose not to charge Beal with
regard to Green's complaint about his worker's compensation claim.
-2-
(1)
Beal is publicly reprimanded for violating SCR 3.130-8 .1(b).
(2)
In accordance with SCR 3 .450, Beal is directed to pay all costs associated
with these disciplinary proceedings against him, said sum being $125 .92, and for which
execution may issue from this Court upon finality of this Opinion and Order.
All concur.
Entered : August 25, 2005 .
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