KENTUCKY BAR ASSOCIATION V. NICKIE BARTON VANMETER
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2005-SC-000724-KB
PETITIONER
KENTUCKY BAR ASSOCIATION
IN SUPREME COURT
V.
RESPONDENT
NICKIE BARTON VANMETER
OPINION AND ORDER
The Kentucky Bar Association (KBA) recommends that this Court declare
Respondent, Nickie Barton Vanmeter of Louisville, Kentucky, guilty of numerous
charges brought in three cases before the Association . Due to the gravity of these
charges, the KBA further moves for an Order of permanent disbarment . We so find and
enter an Order of permanent disbarment .
1 . KBA File 8351
Respondent was properly served with a charge by the Inquiry Commission on
March 5, 2005 alleging numerous violations of the Rules of Professional Conduct in
connection with his representation of Patricia Bales . Respondent failed to respond to
the charge .
Respondent failed to timely respond to or participate in the ongoing domestic
proceedings involving Ms . Bales . Respondent failed to appear in court on behalf of this
client on six occasions . When Ms. Bales terminated Respondent's service, he failed to
file a motion to withdraw as counsel or to respond to a Subpoena mandating his
presence before the court . On November 2, 2000, the court found that Respondent's
"pattern of perpetual failures to appear before the Court is evidence of a willful
disobedience of and an open disregard for the rule and order of this Court ."
Respondent was held in criminal contempt and ordered to serve twelve consecutive
hours in jail .
II. KBA File 9423
On March 5, 2005, Respondent was properly served a charge alleging violation
of SCR 3 .130-8 .3(b) (commission of a criminal act). Respondent failed to respond to
this charge.
Pursuant to North Carolina v. Alford , 400 U .S. 25, 91 S .Ct. 160, 27 L.Ed .2d 162
(1970), Respondent pled guilty to six felony offenses : First Degree Perjury, Tampering
with Physical Evidence, Tampering with Public Records, and three counts of Second
Degree Criminal Possession of a Forged Instrument on or about June 11, 2003 .
Respondent received a sentence of twenty years imprisonment, probated for a period of
five years, and a fine of $5,000 . Effective June 12, 2003, this Court temporarily
suspended Respondent from the practice of law pursuant to SCR 3.166.
111. KBA File 9902
On March 5, 2005, Respondent was properly served a charge alleging more
violations of the Rules of Professional Conduct in connection with his representation of
David Tate. Respondent failed to respond .
In July 2001, Mr. Tate paid Respondent $500 for representation on a criminal
charge . While representing Mr. Tate, Respondent failed to return phone calls or to
adequately communicate with his client. On two occasions Respondent failed to appear
in court on behalf of his client . Upon termination of legal representation, Respondent
failed to withdraw or to notify his client that he was terminating his legal representation .
Respondent also failed to return the client's papers and property or to refund unused
portions of the retainer.
IV. Conclusion
The record in this case indicates a clear pattern of noncompliance with and
disobedience to the rule of law and to the rules of Respondent's chosen profession . In
1997, Respondent received two Private Admonitions for violating SCR 3.130-8 .1(b) by
failing to respond to Bar Complaints . Upon the foregoing facts and charges, we find
sufficient evidence to adjudicate Respondent guilty of all counts currently pending
before this Court . We further hold that in light of the seriousness of Respondent's
conduct, the recommendation of the KBA should be adopted . Therefore, it is ORDERED
that:
1.
Nickie Barton VanMeter is adjudicated guilty of all charges alleged
in KBA Files 8351, 9423, and 9902.
2.
Nickie Barton VanMeter is hereby permanently disbarred from the
practice of law in the Commonwealth of Kentucky for committing criminal
acts which reflect adversely on Respondent's character and fitness as a
lawyer and for violating numerous provisions of our Rules of Professional
Conduct .
3.
In accordance with SCR 3 .450, Nickie Barton VanMeter is directed
to pay all costs associated with these disciplinary proceedings in the
amount of $783 .42 for which execution may issue from this Court upon
finality of this Order .
4.
If he has not already done so, in accordance with SCR 3 .390,
Nickie Barton VanMeter shall, within ten (10) days from the entry of this
Opinion and Order: (a) to the extent possible, cancel and cease any
advertising activities in which he is engaged ; and (b) notify, in writing, all
courts in which he may have matters pending, and all clients for whom he
is actively involved of his inability to provide further legal services, and
furnish the Director of the Kentucky Bar Association with a copy of all such
letters .
All concur .
ENTERED : November 23, 2005.
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