KENTUCKY BAR ASSOCIATION V. DEAN L. SEXTON
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TO BE PUBLISHED
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2007-SC-000461-KB
KENTUCKY BAR ASSOCIATION
MOVANT
IN SUPREME COURT
DEAN L. SEXTON
RESPONDENT
ORDER CONFIRMING AUTOMATIC SUSPENSION
This matter is before the Court on the motion of the Kentucky Bar Association
(KBA) for an order confirming the automatic suspension pursuant to SCR 3.166 of
Respondent, Dean L. Sexton, whose KBA member number is 82668, who was admitted
to the practice of law in this Commonwealth on November 4, 1988, and whose last
known address is 7711 Stone Ledge Road, Louisville, Kentucky 40291 . The Court
grants the motion in accordance with SCR 3.166 due to Respondent's plea of guilty to
and sentencing for a felony in the United States District Court for the Western District of
Kentucky.
On May 2, 2006, Respondent was indicted on one count of conspiracy to commit
wire fraud in violation of 18 U .S .C. § 317 . On November 15, 2006, Respondent,
pursuant to an agreement with the federal prosecutors, pleaded guilty to the single
count in the indictment. On June 18, 2007, Respondent was sentenced to thirty months
in federal prison .
Pursuant to SCR 3.166(1),
Any member of the Kentucky Bar Association who pleads guilty to a
felony . . . in this State or in any other jurisdiction, shall be automatically
suspended from the practice of law in this Commonwealth . "Felony"
means an offense for which a sentence to a term of imprisonment of at
least one (1) year was imposed . The imposition of probation, parole,
diversion or any other type of discharge prior to the service of sentence, if
one is imposed, shall not affect the automatic suspension . The
suspension shall take effect automatically beginning on the day following
the plea of guilty . . . or upon the entry of judgment whichever occurs first .
The suspension under this rule shall remain . in effect until dissolved or
superseded by order of the Court . Within tirty (30) days of the plea of
guilty . . . or entry of judgment whichever occurs first, the suspended
attorney may file a motion with the Clerk of the Supreme Court of
Kentucky setting forth any grounds which the attorney believes justify
dissolution or modification of the suspension .
The KBA's motion includes a copy of the indictment, Respondent's plea
agreement, and the judgment of conviction and sentence. The offense to which
Respondent pleaded guilty was a felony as defined by SCR 3.166(1), since Respondent
was sentenced to a term of imprisonment of at least one year. Because Respondent
pleaded guilty to a felony, he was automatically suspended from the practice of law by
action of SCR 3 .166(1) on November 16, 2006, the day after he entered his guilty plea .
Respondent did not file a motion challenging or seeking to modify his suspension . The
purpose of this order is to memorialize and confirm the fact that Respondent was
automatically suspended from the practice of law in Kentucky by the action of SCR
3.166 beginning one day after the entry of his guilty plea .
Therefore, it is hereby ordered that:
1 . Respondent's automatic suspension from the practice of law in the
Commonwealth of Kentucky, effective November 16, 2006, is confirmed and shall
continue until dissolved or superseded by subsequent order of this Court ;
2 . This order shall be published for the information and benefit of all members of
the bar and public ;
3. Pursuant to SCR 3.166(4), Respondent shall notify all his clients in writing of
his inability to continue to represent them and shall furnish copies of all such letters to
the Director of the KBA, shall make arrangements to return all active files to his clients
or new counsel, shall return all unearned attorney fees and client property to his clients,
and shall advise the Director of such arrangements, if Respondent has not already done
so as required by the Rule within ten days of the plea of guilty;
4. Pursuant to SCR 3.166(5), if he has not done so already, Respondent shall
immediately, to the extent possible, cancel and cease any advertising activities in which
he is engaged ; and
5 . Pursuant to SCR 3.166(6), disciplinary proceedings against Respondent shall
be initiated by the Inquiry Commission pursuant to SCR 3 .160, unless already begun or
unless he resigns under terms of disbarment .
Lambert, CJ ; Cunningham, Minton, Noble, Schroder and Scott, JJ ., concur.
Abramson, J., not sitting .
ENTERED : September 20, 2007 .
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