ROBERT W. STEVENS, ESQ. V. KENTUCKY BAR ASSOCIATION
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2006-SC-000094-KB
ROBERT W. STEVENS, ESQ .
KBA MEMBER NO. 86052
V.
MOVANT
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Movant, Robert W. Stevens, was admitted to the practice of law in the
Commonwealth of Kentucky on October 13, 1995. His bar roster address is
3240 Knox Avenue, Vine Grove, Kentucky 40175 .
From January 1, 2001 to June 20, 2004, Mr . Stevens was employed as an
Assistant Commonwealth's Attorney in Hardin County Kentucky. On May 19,
2004, while he was an Assistant Commonwealth's Attorney, he had sexual
contact with Erica French, a Defendant in a criminal matter being handled by the
Hardin County Commonwealth's Attorney's office . However, Mr. Stevens was
not the prosecuting attorney in this case . As a result of this conduct, he lost his
position as Assistant Commonwealth's Attorney in Hardin County and was
charged with official misconduct, a misdemeanor, in Jefferson District Court . He
was acquitted in a trial by jury on October 12, 2005.
Due to these events, the Inquiry Commission issued a complaint, but has
not issued a charge in this matter .
Mr. Stevens admits in his motion for public reprimand that he violated
SCR 3.130-1 .7(b), which provides the following:
[A] lawyer shall not represent a client if the representation of that
client may be materially limited by the lawyer's responsibility to
another client or to a third person or by the lawyer's own interest,
unless (1) the lawyer reasonably believes the representation will
not be adversely affected ; and (2) the client consents after
consolation . When the representation of multiple clients in a single
matter is undertaken, the consultation shall include explanation of
the implications of the common representation and the advantages
and risks involved .
Mr. Stevens also acknowledges that the Inquiry Commission had grounds
to issue a charge against him in KBA file 11838, but has moved this Court, and
the KBA, to terminate this investigation and disciplinary proceeding by
requesting, instead, to be publicly reprimanded for his violation .
The Motion for Public Reprimand, along with the relevant case law, was
reviewed and approved by the Chair of the Inquiry Commission and the
immediate Past President of the KBA before submission to this Court, pursuant
to the Office of Bar Counsel's standard procedure in Consensual Discipline
cases.
The ABA Standards for Imposing Lawyer Sanctions, Section 9.32(1991),
as noted by KBA in its response to the Motion for Public Reprimand, provides
that mitigating circumstances may be considered in deciding what sanctions to
impose after misconduct has been established . In this case, Mr. Stevens has
apologized to the Kentucky Bar Association, the Hardin County Bench and Bar,
and the citizens of Hardin County for his actions. He has expressed regret and
remorse for his actions and has acknowledged that his actions resulted in a
violation of the Rules of Professional Conduct, and accepts a public reprimand as
punishment. Additionally, he has no prior disciplinary history and has made full
and free disclosure to the Disciplinary Board with a cooperative attitude toward
the disciplinary proceeding . While Mr. Stevens admits to having sexual contact
with a defendant, it is noted he was not the prosecuting attorney in that case, and
he made no offers of compromise or any kind of deal to the Defendant. His
behavior did not prejudice the Commonwealth or any party.
Therefore, we adopt the finding by the KBA regarding the appropriate
discipline in this matter and order Mr. Stevens be publicly reprimanded for his
violation of SCR 3.130-1 .7(b) .
Thus, it is ordered that:
1) The disciplinary proceedings by the Inquiry Commission be terminated ;
2) Mr . Stevens, is publicly reprimanded for his violation of Professional
Ethics; and,
3) Mr. Stevens, shall pay the costs of $15.00, for which execution may
issue from this court upon finality of the Opinion and Order.
ENTERED : March 23, 2006 .
All concur.
COUNSEL FOR MOVANT :
Timothy Denison, Esq.
701 West Jefferson Street
Louisville, Kentucky 40202
Dwight Preston, Esq.
Lewis & Preston
102 West Dixie Avenue
Elizabethtown, Kentucky 42701
COUNSEL FOR RESPONDENT :
Bruce K, Davis
Executive Director
Jay R. Garrett
Deputy Bar Counsel
Office of Bar Counsel
Kentucky Bar Association
514 W. Main Street
Frankfort, Kentucky 40601-1883
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