STEVE P. ROBEY V. KENTUCKY BAR ASSOCIATION
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2007-SC-000951-KB
MOVANT
STEVE P. ROBEY
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDE
Steve P. Robey, who was admitted to practice law in 1975 but who has
been under temporary suspension since September 2005, 1 has filed a motion
to resign from the Kentucky Bar Association under terms of permanent
disbarment . 2 The KBA has filed a response stating that it has no objection to
Robey's motion.
Several disciplinary matters are pending against Robey. The essential
facts involved in each charge are as follows:
KBA File 12217 . In 2006, Robey pleaded guilty in the Hopkins Circuit
Court to two Class D felony counts of wanton endangerment and one
Class D felony count of first-degree possession of a controlled
substance . Robey was sentenced to one year on each charge, to run
concurrently; and that sentence was probated for three years. As a
See Inquiry Commission v. Robey, 172 S.W.3d 404 (Ky. 2005) (temporarily
suspending Robey from the practice of law after finding that there was probable
cause to believe that he was addicted to intoxicants or drugs) .
his
Robey's KBA member number is 59230 ; and
bar roster address is The Trader
Building, 508 East Main Street, P.O. Box 302, Providence, Kentucky 42450.
result of his felony convictions, Robey was charged with violating
SCR 3.130-8.3(b) (providing that it is professional misconduct for an
attorney to engage in a criminal act that reflects upon the attorney's
honesty, trustworthiness, or fitness as a lawyer) . Robey's probation
ultimately was revoked after he was charged with additional crimes,
as detailed below in KBA File 14978 .
" KBA File 12899 . Robey was arrested on the felony charges listed
above in the Webster County Courthouse. At the time of his arrest,
Robey possessed controlled substances, which led to several
misdemeanor charges being filed against him . Robey pleaded guilty to
five misdemeanor controlled substance-related charges and was
sentenced to 150 days in jail, conditionally discharged for one year .
As a result of his convictions, Robey was charged with violating
SCR 3 .130(8.3) (b) and (8 .1)(b) (knowingly failing to respond to a lawful
demand for information from a disciplinary authority) .
" KBA File 13178. Robey failed to appear in court several times on
behalf of a client who had paid Robey approximately $2,300 to defend
him in a criminal matter. Robey failed to return his client's phone
calls and also refused to return any unearned portion of the $2,300
upon termination of his representation . As a result of a bar complaint
filed by his former client, Robey was charged with violating
SCR 3 .130(l .3) (lack of diligence), (1 .4) (a) (failure to keep a client
reasonably informed), (1 .16)(d) (refunding unearned fee on
termination of representation), and (8 .1) (b) .
" KBA File 13277. Robey was charged in the Webster District Court
with two counts of theft by deception, a class A misdemeanor, as a
result of two worthless checks Robey passed (one of which was passed
to the Webster County Clerk) . A diversion agreement was reached
whereby the case was diverted for one year, conditioned upon Robey
committing no further offenses. Robey also pleaded guilty to an
apparently reduced charge of one count of theft by failure to make
required disposition of property under $300 in the Webster District
Court stemming from his failure to deposit two checks into the
account of an estate for which Robey was the executor. For his theft
by failure to make required disposition conviction, Robey was
sentenced to thirty days in jail, probated for twelve months, and
ordered to pay restitution to the estate in question . As a result of his
criminal convictions, Robey was again charged with violating
SCR 3 .130 (8.1) (b) and (8 .3)(b) .
" KBA File 13567 . This charge also stems from Robey's role as the
executor of the estate previously mentioned in KBA File 13277 . Robey
filed an inventory but took no further action, and the trial court
eventually granted an heir's motion to remove Robey as the estate's
executor. As a result of his inaction during the pendency of his
executorship, Robey was charged with violating KBA 3 .130 (8.1) (b),
(1 .3), and (4.4) (improperly delaying a matter) .
"
KBA File 13568 . Despite having been paid a retainer fee, Robey failed
to appear on behalf of a client at a preliminary hearing in a criminal
matter in the Union Circuit Court. As a result, Robey was charged
with violating SCR 3 .130(8 .1) (b), (1 .3), and (3 .2) (requiring an attorney
to make reasonable efforts to expedite litigation) .
" KBA File 13569 . Robey was retained to represent two clients in a civil
matter involving an auto accident . Robey filed an action on his
clients' behalf but took no further action in the case . Robey failed to
appear at numerous hearings, resulting in the dismissal of his clients'
claim. As a result, Robey was charged with violating SCR 3 .130(1 .3),
(3 .2), (1 .16)(d), (3.4) (c) (intentionally disobeying a tribunal), (3-4)(d)
(failing to respond to a proper discovery request), and (8 .1) (b) .
KBA File 13681 . Robey was retained to represent a client charged
with DUI fourth offense and related charges, but Robey's client
contends that Robey missed two court appearances and did not
introduce evidence at trial that would have shown that the client was
in diabetic shock, rather than being intoxicated . The client was
convicted and, surprisingly, paid Robey an additional $3,650 to
represent him in an appeal. Robey filed a notice of appeal but took no
other steps on his client's behalf, which ultimately resulted in the
Court of Appeals dismissing the client's appeal . 3 Additionally, Robey
did not return his client's phone calls and did not inform his client
that he had been temporarily suspended from the practice of law,
despite the temporary suspension order's express requirement that
Robey inform all of his clients of his suspension . Robey was charged
with violating SCR 3 .130(1 .3), (1 .4) (a), (1 .16)(d), and (3 .4) (c) .
"
3
KBA File 14933 . In early 2007, a former client of Robey's filed a bar
complaint against Robey, alleging that he allowed or caused her son's
criminal case to be "dragged on" for nearly three years. Robey also
appears to have not refunded some of his unearned fee. No charges
against Robey related to this matter have been issued yet by the KBA;
but Robey admits in his motion that a charge could issue against him
for violating SCR 3.130(1 .4)(a), (1 .16)(d), and (3 .2) .
The client's appeal was eventually reinstated after the Court of Appeals found that
the failure to file a brief should not have been attributed to Robey's client .
" KBA File 14978 . In early 2007, Robey was charged in the Webster
Circuit Court with first-degree possession of a controlled substance,
second offense (a Class C felony) ; several misdemeanors ; and with
being a persistent felony offender in the second degree . Robey
pleaded guilty to the felony charge of possession of a controlled
substance in December 2007 . No charges against Robey related to
this matter have been issued yet by the KBA, but Robey admits in his
motion that a charge could issue against him for violating
SCR 3 .130(8.3)(b) .
From the record before us, it is clear that Robey has engaged in a pattern
of serious misconduct, much of which involves criminal conduct or misusing
client funds. He has a previous disciplinary history (one private reprimand and
one public reprimand) .4 And we have disbarred attorneys who had fewer
felony convictions than Robey.5 So we agree with Robey that his sustained
pattern of serious misconduct merits disbarment, which is why we denied
Robey's previous motion for a mere suspension from the practice of law.
Therefore, we order:
1)
Steve Robey's motion to resign as a member of the Kentucky Bar
Association under terms of permanent disbarment is granted;
2)
In accordance with SCR 3 .450, Robey is directed to pay all costs
associated with these disciplinary proceedings against him,
1,894 .18, for which execution may issue from this Court upon
finality of this Opinion and Order. Robey shall also timely and
Kentucky Bar Association v. Robey, 198 S .W .3d 587 (Ky. 2006) (publicly
reprimanding Robey for failing to properly communicate with a client and refusing
to return a client's file) .
See, e.g., Kentucky Bar Association v. Rorrer, 222 S.W.3d 223 (Ky. 2007)
(disbarring attorney for being convicted of one felony count of conspiracy to commit
money laundering) .
fully pay any restitution or refund any unearned fees to his former
clients, if ordered to do so by the KBA; and
3)
Under SCR 3 .390, Robey shall, within ten (10) days from the entry
of this Opinion and Order, notify all clients, in writing, of his
inability to represent them; notify all courts in which he has
matters pending of his disbarment from the practice of law; and
furnish copies of said letters of notice to the Director of the
Kentucky Bar Association. Furthermore, to the extent possible,
Robey shall immediately cancel and cease any advertising activities
in which he is engaged and shall comply with the notice provisions
of SCR 3 .480(3)(b) .
Minton, C .J. ; Abramson, Noble, Schroder, Scott, and Venters, JJ.,
sitting. All concur. Cunningham, J., not sitting.
ENTERED : October 23, 2008 .
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