KENNETH R. WITT V. KENTUCKY BAR ASSOCIATION
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2007-SC-000677-KB
KENNETH R. WITT
IN SUPREME COURT
V.
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Movant, Kenneth R. Witt, whose KBA member number is 85310 and whose bar
roster address is 1212 Hickory Street, Hyden, Kentucky 41749, was admitted to the
practice of law in this Commonwealth on October 16, 1994. The KBA currently has
pending against Movant a single count charge (KBA File No. 11945). Movant has now
moved this Court pursuant to SCR 3.480(2) to impose the agreed upon sanction of a
public reprimand for the behavior giving rise the disciplinary charge.
On June 19, 2004, a cousin of Movant's ex-wife overheard an argument between
Movant and his ex-wife. The cousin telephoned the police, who encountered Movant as
he drove to his ex-wife's house. The police stopped and questioned Movant, then
continued on to the ex-wife's house. While the officers were at the house, Movant
drove by and fired multiple gunshots into the air. The police pulled Movant over some
time later. He was intoxicated and had in his possession two loaded handguns and a
loaded shotgun.
Movant was arrested and charged with DUI, carrying a concealed deadly
weapon, and twelve counts of first-degree wanton endangerment. In December 2004,
Movant resolved the charges by pleading guilty to one count each of first offense DUI,
and disorderly conduct . Movant's conduct and criminal conviction resulted in the
issuance of a one count charge alleging a violation of SCR 3 .130-8 .3(b), which states
that 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 . . . ."
Movant admits that he drove under the influence of alcohol and that he was
carrying three guns, and that he fired shots into the air in anger following a domestic
dispute . Movant also admits that his behavior violated SCR 3 .130-8 .3(b).
The motion is before the Court under SCR 3.480(2), which allows a member of
the KBA to terminate disciplinary investigations and proceedings with a negotiated
sanction . The KBA's response indicates that it has agreed to the sanction proposed by
Movant. Under the Rule, the Court may choose either to approve the proposed
sanction or may remand the case for a hearing or other proceedings as it sees fit.
Because Movant's proposed sanction is appropriate in light of the circumstances, the
Court approves his proposed public reprimand .
Accordingly, it is hereby ORDERED that:
1 . Movant, Kenneth R. Witt, is publicly reprimanded for his conduct .
2 . Pursuant to SCR 3 .450, Movant is directed to pay the costs associated with
this proceeding in the amount of $60 .42, for which execution may issue upon finality of
this Opinion and Order.
All sitting . All concur.
ENTERED : November 21, 2007.
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