KENTUCKY BAR ASSOCIATION V. KEVIN M. CALLIHAN COURT
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MODIFIED : JUNE 15, 2006
RENDERED : MARCH 23, 2006
TO BE PUBLISHED
supreme (91aurf of
2004-SC-00722-KB
KENTUCKY BAR ASSOCIATION
MOVANT
IN SUPREME COURT
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KEVIN M . CALLIHAN
.
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MODIFIED OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association has recommended to
this Court that Respondent, Kevin M . Callihan, who was admitted to practice law in
Kentucky in October 1982, whose Bar Roster Address is 26 East Park Drive, Apt. D,
Athens, Ohio 45701-5002, and whose KBA Member Number is 10110, be suspended
from the practice of law in Kentucky for 181 days and enter into a monitoring agreement
with the Kentucky Lawyer Assistance Program (KYLAP) for a period of five years .
On August 16, 2001, Callihan appeared in Ohio Municipal Court in Ironton, Ohio,
and entered a plea of no contest to the following misdemeanor criminal charges : one
count of criminal damaging, two counts of falsification, and one count of driving under
the influence of drugs or alcohol . Callihan was sentenced to nine months in jail . He
served approximately 45 days of his sentence .
. .
._~
The KBA initiated disciplinary proceedings against Callihan in KBA File No. 8865.
On June 9, 2003, the Inquiry Commission charged Callihan with a single count of
violating SCR 3 .130-8 .3(b), which provides : "It is professional misconduct for a lawyer to
commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or
fitness as a lawyer in other respects ." The Commission's charge arose out of Callihan's
misdemeanor criminal conviction in Ohio . Callihan has admitted the allegations
contained in the charge .
Callihan had previously been suspended from the practice of law on February 7,
2002 for nonpayment of bar dues . He has not been reinstated or restored to practice
since that suspension. He has no other prior discipline .
After the issuance of the charge, Callihan moved the Court to impose consensual
discipline . The KBA had no objection to the proposed discipline . The Court, however,
was not satisfied that the proposed discipline was supported by the facts, so it
remanded the matter for the KBA to engage in the fact-finding that comes with the usual
disciplinary proceedings .
The matter was subsequently heard by a trial commissioner . Callihan did not
attend the hearing, which was held on May 31, 2005. The trial commissioner was
presented with evidence that Callihan had pled no contest to a charge of criminal
damaging, which stemmed from his use of a pair of bolt cutters to cut a fence or a bolt
in order to retrieve his car from an impound lot in Ironton, Ohio, and charges of
falsification and driving under the influence. The trial commissioner recommended that
Callihan be retroactively suspended from the practice of law.
The matter then proceeded to the Board of Governors, which made findings of
fact. The Board found that Callihan had admitted the allegations in the charge . It also
noted that Callihan offered evidence in mitigation, specifically that he alleged that he
suffered from substance abuse and mental health problems. He noted that he had
entered into a supervision agreement with KYLAP and that he had received treatment
for his problems . He expressed remorse for his conduct . His file contained evidence
from KYLAP that, as of the time of the proceedings before the Board, he had complied
with all of KYLAP's requirements .
Since the time of the criminal offense, Callihan has pursued a master's degree in
public administration at Ohio University . While in Ohio, he has been monitored by the
Ohio Lawyer Assistance Program, Ohio's version of KYLAP, which reports that Callihan
has complied with all of the recommendations imposed by his agreement with them.
His counselor in Ohio has noted that he "is doing much more than complying with the
agencies [sic] policy, procedures and requirements ."
The Board of Governors found Callihan guilty, by a vote of 20 to 0, of the sole
count in the disciplinary charge . By the same vote, the Board recommended that
Callihan be suspended from the practice of law for 181 days, to be served
prospectively, and that he be required to enter into a monitoring agreement with KYLAP
for a period of five years .
Callihan has not filed a notice pursuant to SCR 3 .370(8) for this Court to review
the Board's decision, and we do not elect to review the decision of the Board pursuant
to SCR 3.370(9). The decision of the Board is hereby adopted pursuant to SCR
3 .370(10) .
Accordingly, it is hereby ORDERED that
1.
Respondent, Kevin M. Callihan, is suspended from the practice of law in
Kentucky for a period of 181 days in connection with KBA File No . 8865. The period of
suspension shall be treated as having commenced on March 23, 2006, the date of the
entry of the previous Order for which this Order is substituted .
Respondent shall submit to supervision by KYLAP for an additional period
of five years under the same conditions as set forth in the Supervision Agreement he
previously entered into on April 1, 2004.
3.
This Order is unrelated to and does not affect Respondent's previous
order of suspension for nonpayment of bar dues on February 7, 2002.
4.
In accordance with SCR 3.450, Respondent is directed to pay all costs
associated with these disciplinary proceedings in the amount of $1,110 .19 for which
execution may issue from this Court upon finality of this Order.
All concur.
ENTERED : June 15, 2006 .
COUNSEL FOR MOVANT :
Bruce K. Davis
Executive Director
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
Linda Gosnell
Chief Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
Dana Cox Nickles
Kentucky Bar Association
Deputy Bar Counsel
514 West Main Street
Frankfort, Kentucky 40601
RESPONDENT:
Kevin M. Callihan
26 East Park Drive
Apt. D
Athens, Ohio 45701-5002
oSupremE gourf of ~s---L--rkv
2004-SC-00722-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
KEVIN M . CALLIHAN
RESPONDENT
ORDER
The motion for reconsideration filed by movant, Kentucky Bar Association, is
hereby GRANTED.
This Court's Opinion and Order entered on March 23, 2006 is hereby modified
and the attached Modified Opinion and Order is hereby substituted in lieu thereof.
All concur.
Entered : June 15, 2006 .
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