KENTUCKY BAR ASSOCIATION V. STEVEN F. CLAYPOOLE
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TO BE PUBLISHED
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2006-SC-000242-KB
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KENTUCKY BAR ASSOCIATION
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MOVANT
IN SUPREME COURT
STEVEN F. CLAYPOOLE
RESPONDENT
OPINION AND ORDER
By Order entered on August 24, 2006, Respondent was suspended from the
practice of law for thirty (30) days with an additional sentence of one hundred eightyone (181) days probated for two years on the condition that he participate in the KYLAP
Program and comply with the monitoring agreement. Thereafter, the KBA filed an
Objection to the Automatic Reinstatement, pursuant to SCR 3.510(2), because it
believed that Respondent had violated his KYLAP Supervision Agreement by testing
positive for alcohol consumption. On September 21, 2006, the KBA filed with this Court
a Motion to Show Cause and to Commence Suspension requesting the Court to issue a
rule against Respondent to show cause why the 181-day suspension should not be
imposed because of a violation of the terms of his probation.
On October 6, 2006, Respondent filed with this Court his Response to the
Objection to the Automatic Reinstatement and Motion to Show Cause and Commence
Suspension . Thereafter, the Court ordered that this matter be sent to the Board of
Governors to conduct an evidentiary hearing on the issue of the reliability of the EtG test
and its application in this case .
On February 5, 2007, the KBA filed a Motion to Reconsider for the Purpose of
Clarification and to direct that the Board designate a member of the Bar to preside over
the evidentiary hearing . On April 19, 2007, the Court granted the KBA's Motion and
directed the Board to so designate a member of the Bar. However, before that hearing
occurred, Respondent filed a notice to withdraw his objection to commencement of the
181-day probated suspension, which he has now served .
Therefore, the Court acknowledges Respondent's withdrawal of his objection to
the commencement of the 181-day probated suspension in the above-referenced
matter.
IT IS ORDERED that Respondent shall be suspended from the practice of law for
a period of one hundred eighty-one (181) days commencing January 25, 2007.
All sitting . All concur.
ENTERED: January 24, 2008 .
COUNSEL FOR MOVANT :
James L. Deckard, Executive Director
Linda Gosnell, Chief Bar Counsel
Jay R . Garrett, Deputy Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
COUNSEL FOR RESPONDENT:
Timothy Denison
701 West Jefferson Street
Louisville, KY 40202-2742
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