KENTUCKY BAR ASSOCIATION, CLE COMMISSION V. BENJAMIN ALLEN FLETCHER
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TO BE PUBLISHED
'
SuprMut (gautf of 'I't
2006-SC-000936-KB
KENTUCKY BAR ASSOCIATION,
CLE COMMISSION
V.
MOVANT
IN SUPREME COURT
BENJAMIN ALLEN FLETCHER
RESPONDENT
OPINION AND ORDER
On November 16, 2006 ; a Show. Cause Order was entered for
Respondent's non-compliance with the minimum annual continuing legal
education requirements (MCLE) of SCR 3.661 for the 2005 - 2006 educational
year. The CLE Commission of the Kentucky Bar Association now recommends
that this Court find that Respondent, Benjamin Allen Fletcher, KBA No. 90254,
has not shown cause why he should not be suspended from the practice of law
or otherwise sanctioned pursuant to SCR 3.669(4) for such non-compliance .
From April - October 2006, the Kentucky Bar Association
Continuing Legal Education Commission sent five written notices to
Respondent's bar roster address concerning his MCLE requirement deficiency .
None of these notices was returned to the KBA as undelivered . In addition, the
Assistant CLE Director attempted to contact,. either by telephone or e-mail, all
members remaining in non-compliance prior to the September 10, 2006 deadline
to apply for and complete a non-hardship time extension per SCR 3.667(2).
However, Respondent's telephone (at his bar roster address in Louisville) had
been disconnected and no further information was available . According to
Respondent, he moved from Louisville to Munich, Germany sometime after
August 2005 . Respondent did not, however, change his bar roster address to
the Germany address until September 29, 2006 .
According to the CLE Commission, the ensuing Motion to Show
Cause of November 7, 2006 and December 13, 2006 Motion to Enter Rule
Absolute were mailed to Respondent's bar roster address in Germany, and were
not returned to the KBA as undelivered . On December 21, 2006, Respondent
filed a Motion for Enlargement of Time to File Response to Court's Order of
November 16, 2006, in which he maintained that the first notice he received of
the KBA's November 7, 2006 Show Cause Motion and the December 13, 2006
Motion was on December 19, 2006 when an acquaintance contacted him and
sent him PDF copies of the documents . Respondent admitted he received the
November 16, 2006 Show Cause Order sometime in late November or early
December, but explained that because he was a relatively new member of the
bar, did not realize the severity of the situation . In his Response to Court's Order
of November 16, 2006 and KBA's Motion of December 13, 2006, Respondent
stated that on the day he learned of the KBA's motions, he registered for online
CLE programs through the KBA's website, and that he intended to obtain the
remainder of his outstanding CLE credits when he traveled to Kentucky for the
upcoming holidays . In his Response, Respondent also noted that actual notice
of his deficiency and of the proceedings against him was possibly hindered by
the fact that his street name on his bar roster address in Germany was
misspelled, although he did not attribute any fault to the KBA for the
typographical error and readily admitted it was his responsibility to see that the
address was correct . In January 2007, Respondent supplemented his Response
with documentation showing that he had obtained a total of 13.25 CLE credits,
including 4.25 ethics credits, from December 19, 2006 - January 1, 2007 .
We find that Respondent has failed to show cause why he should
not be suspended from the practice of law or otherwise sanctioned pursuant to
SCR 3 .669(4) for his non-compliance with the minimum CLE requirements of
SCR 3 .661 for the 2005 - 2006 educational year. Accordingly, it is hereby
ORDERED as follows:
1)
Respondent is ordered to pay a fine in the amount of three hundred
dollars ($300), to be paid to the Kentucky Bar Association within
twenty (20) days from the date of this Order.
2)
The CLE Commission is to apply back credits from Respondent's
2006-2007 CLE record to the 2005-2006 educational year record in
order to cure the existing deficiency .
3)
Pursuant to SCR 3.667(2), Respondent shall not apply for a nonhardship extension for the educational years ending June 30, 2007
and June 30, 2008 .
LAMBERT, C.J . ; CUNNINGHAM, MCANULTY, and SCOTT, JJ ., concur.
SCHRODER, J., concurs in part and dissents in part by separate opinion, with
MINTON AND NOBLE, JJ., joining that opinion .
SCHRODER, J., concurring in part and dissenting in part.
I concur as to the sanctioning of Respondent, but dissent as to the amount of the
fine . I would order a fine in the amount of seven hundred and fifty dollars ($750),
as recommended by the CLE Commission . MINTON and NOBLE, JJ ., join this
opinion, concurring in part and dissenting in part.
ENTERED: February 22, 2007 .
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