JAN R. WADDELL V. KENTUCKY BAR ASSOCIATION
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AS MODIFIED : MAY 18, 2006
TO BE PUBLISHED
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2004-SC-0630-KB
JAN R. WADDELL SR.
v.
PETITIONER
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association (KBA) moves this Court to grant, on conditional
terms, Petitioner's, Jan R. Waddell Sr.'s, application to be restored to the practice of
law. We so grant and enter an Order conditionally restoring Petitioner as a licensed
attorney in the Commonwealth of Kentucky.
Petitioner was admitted to the Kentucky Bar on June 4, 1979. He was
suspended from the practice of law on February 4, 2003, for failing to comply with the
continuing legal education requirements pursuant to SCR 3.669 . At the time of his
suspension, Petitioner had pending disciplinary complaints against him that prevented
him from being eligible to apply for restoration until they were resolved . The complaints
were ultimately resolved on June 17, 2004 . At that time, this Court entered a
Confidential Opinion and Order sustaining, without objection from Bar Counsel,
Petitioner's Motion for Private Reprimand . Petitioner was reprimanded because he
commingled personal funds with client funds in his escrow account in violation of
SCR 3.130-1 .15(a). Additionally, Petitioner failed to maintain his escrow account at a
bank which agrees to notify the KBA in the event of an overdraft, in further violation of
SCR 3 .130-1 .15(a) .
On or about August 12, 2004, Petitioner filed an application for restoration with
the Kentucky Bar Association pursuant to SCR 3.500 . The application revealed a
history of criminal offenses from October 5, 1991 to October 13, 2004, including four
arrests for driving under the influence, an arrest for assault in the fourth degree,
menacing, and various traffic offenses . Petitioner pled guilty to driving under the
influence on two occasions, in 1993 and 2004 . He also pled guilty to assault and
reckless driving in 1991 and wanton endangerment in 2000. Several other criminal
charges were dismissed or merged into other offenses . Notably, Petitioner was
involved in domestic violence proceedings where he was ordered to undergo domestic
violence treatment . He has also been ordered to complete an anger management
program .
Despite this long list of criminal charges and convictions, Petitioner's application
was incomplete, as he failed to answer or explain two key questions on the application .
Specifically, Petitioner did not, as the application directed, explain the origin of
unprofessional or unethical conduct charges, and did not respond to a question asking
whether there were any unsatisfied judgments against him. Rather, he attached
pleadings and final judgments against him in two civil cases without indicating whether
the judgments had been satisfied .
After receiving a letter from Bar Counsel, Petitioner filed an amended application
for restoration on February 28, 2005 . Petitioner's amended application disclosed the
2004 Private Reprimand, but still failed to disclose his full disciplinary history.
Specifically, Petitioner had been charged with ethics code violations in four disciplinary
matters from May 1998 to December 1998 . These charges were dismissed on April 20,
2000 . Three of the charges were dismissed because of "unavailable/hostile" witnesses
and the fourth was dismissed by a not guilty determination . The amended application
also disclosed that Petitioner's outstanding debt on the two civil judgments against him
was over $60,000.
On March 17, 2005, Petitioner self-referred himself to KYLAP for alcohol
dependency issues . After a hearing on May 31, 2005, the Character and Fitness
Committee concluded, despite his extensive criminal record and continuing issues with
alcohol abuse, that he was fit to be restored to the practice of law, conditioned on his
compliance with a Supervision Agreement with KYLAP and a Consent Agreement with
the Office of Bar Admissions . The Supervision agreement required Petitioner to abstain
from drugs and alcohol, to attend Alcoholics Anonymous meetings at least twice a
week, to obtain psychological counseling and comply with treatment recommendations,
and to submit to and pay for random drug/alcohol screenings.
On July 6, 2005, Petitioner failed to appear for a random drug/alcohol screening
within the required six-hour time period . When Petitioner did appear the following day,
he, nevertheless, failed the test . Petitioner also failed to mail in payment for the test, as
required by the Supervision Agreement .
On October 11, 2005, the Character and Fitness Committee held another
hearing . Petitioner testified to his continued troubles with alcohol dependency, including
the fact that he was caring for a terminally ill brother who was living with him . Since his
failed screening test on July 7, 2005, he appeared for two more random tests, which he
passed . The Committee noted that one of the tests required him to appear the day after
his brother passed away. Petitioner apologized for his conduct since his last hearing,
including an episode where he let his anger get the best of him at a testing center . His
KYLAP supervisor testified on Petitioner's behalf. The Committee also considered three
affidavits attesting to Petitioner's good character.
On October 31, 2005, the Committee found that although Petitioner clearly
breached agreements he made to it during his first hearing in May 2005, he had
subsequently been contrite and sincere in his desire to abstain from alcohol in the future
and to comply with a new Supervisory Agreement . The Committee decided to renew its
recommendation that Petitioner be conditionally restored to the practice of law so long
as he (1) demonstrates abstinence for a period of six months (which ends January 7,
2006); (2) is subject to a three-year Supervisory Agreement with KYLAP; and (3) signs
a Consent Agreement with the Office of Bar Admissions . The Committee also
recommended that if Petitioner violates any part of the Agreement, he should
immediately relinquish his license and agree not to seek restoration for at least two
years .
By a vote of twenty-one to zero (21-0), the Board of Governors unanimously
adopted the recommendation of the Character and Fitness Committee, except for the
recommendation about Petitioner immediately relinquishing his license in the event he
should breach any part of his agreements . The Board opted instead for a statement
that Petitioner would be entitled to a due process hearing if such an event were to
occur.
Petitioner has satisfied his CLE course requirements through the end of the
educational year ending June 30, 2005 . Petitioner has also paid the required filing fee
and outstanding bar dues. At the time this matter was considered by the Board of
Governors, there were no pending complaints, charge files, or Client Security Fund
claims pending against Petitioner .
II. Conclusion
Upon the foregoing facts, we find no impediments to the conditional restoration of
Petitioner to the practice of law. Therefore, it is ORDERED that:
1.
Jan R. Waddell Sr. is hereby restored to the practice of law in the
Commonwealth of Kentucky with the following conditions : (1) that Petitioner abide by
and adhere to the letter and the spirit of the conditions set forth in the three-year
Supervisory Agreement entered into with KYLAP and executed on December 9, 2005;
(2) that Petitioner abide by and adhere to the letter and the spirit of the conditions set
forth in the three-year Consent Agreement entered into with the Kentucky Office of Bar
Admissions on December 9, 2005; and (3) that Petitioner satisfy his CLE course
requirements through the end of the educational year ending June 30, 2006 in a timely
manner.
2.
In accordance with SCR 3.450, Petitioner is directed to pay all costs
associated with these proceedings in the amount of $1,864.34 for which execution may
issue from this Court upon finality of this Order.
All concur.
ENTERED : February 23, 2006.
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2004-SC-0630-KB
PETITIONER
JAN R. WADDELL SR.
(KBA MEMBER NO . 73460)
V.
IN SUPREME COURT
RESPONDENT
KENTUCKY BAR ASSOCIATION
ORDER
The motion to correct and amend the opinion and order entered February 23,
2006, filed by petitioner, Jan R. Waddell Sr., is granted in part and denied in part. The
opinion and order is hereby modified by the substitution of a new opinion and order,
attached hereto, in lieu of the opinion and order as originally entered . Said modification
does not affect the holding of the opinion and order as originally entered .
All concur.
ENTERED : May 18, 2006.
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