INQUIRY COMMISSION V. DOUGLAS C. COMBS, JR.
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2008-SC-000150-KB
INQUIRY COMMISSION
V.
IN SUPREME COURT
DOUGLAS C. COMBS, JR.
RESPONDENT
OPINION AND ORDER
Douglas C. Combs, Jr., KBA Membership No. 13883, was admitted to practice in
the Commonwealth of Kentucky on November 1, 1983. His bar roster address is 1200
Kentucky Boulevard, Hazard, KY 41701 .
On February 29, 2008, the Inquiry Commission filed a petition to automatically
suspend (pursuant to SCR 3.166), or alternatively to temporarily suspend (pursuant to
SCR 3.165), the Respondent, Douglas C . Combs, Jr., from the practice of law in the
Commonwealth due to the Respondent's conviction of a felony on November 19, 2007,
in the United States District Court for the Eastern District of Kentucky. Although the
Respondent faced a twenty-year sentence, he received six months on his plea of guilty
to one count of mail fraud in case no. 3:06-CR-34-001-KKC . A "felony" was defined
under SCR 3.166(1), at the time of conviction, for purposes of an automatic suspension,
as "an offense for which a sentence to a term of imprisonment of at least one (1) year
was imposed ." Because the Respondent received less than one year imprisonment (no
additional probation, etc.), he was not subject to an automatic suspension under SCR
3.166 .' However, under SCR 3 .165(1)(c), Respondent may be temporarily suspended
for convictions under SCR 3.320. This rule includes felonies and class "A"
misdemeanors, regardless of time served, if the conviction puts "in grave issue whether
[the attorney] has the moral fitness to continue to practice law." SCR 3.165(1)(c) .
The facts in this case are that on December 7, 2006, an indictment was returned
against the Respondent in the United States District Court for the Eastern District of
Kentucky, case no . 3:06-CR-34-001-KKC, for thirty-six counts of mail fraud in violation of
18 U .S.C. ยง1341 . The indictment alleged that the Respondent, while serving as a Circuit
Court Judge, had defrauded the Administrative Office of the Courts by making false
statements to AOC that he needed additional staff for court business when in fact he
used his permanent staff to run his trailer park and to perform tasks related to his
personal affairs . In exchange for a guilty plea to one count of mail fraud, the other thirtyfive counts were dismissed. The Respondent entered a plea of guilty for which he
received a sentence of six months' imprisonment, and upon release, he was to be placed
on supervised release for three years, pay a fine of $3,000.00 plus pay a $100.00
assessment . Each count carried a maximum term of imprisonment of twenty years.
SCR 3.165(1)(c) provides for a temporary suspension from the practice of law by
this Court if an attorney is "convicted of a crime as set out in SCR 3.320 and it appears
from the record of such conviction that the attorney has so acted as to put in grave issue
whether he/she has the moral fitness to continue to practice law." SCR 3 .320 convictions
are felonies and class "A" misdemeanors . Because SCR 3.320 does not have its own
' Under SCR 3.166(1), amended effective 2-1-08, a "felony' has been redefined as "an offense for which a
sentence . . . of at least one (1) year is authorized by law." Also, disciplinary measures depend on the rule
on the date of conviction and are not retroactive . Kentucky Bar Ass'n v. Ball, 501 S.W .2d 253 (Ky. 1971).
2
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definition of a felony, we use the penal code's definition of a felony . KRS 532 .020
designates the offense by the authorized maximum term of imprisonment and not by the
time received . Under KRS 532 .020(1)(c), the Respondent pled guilty to a Class B felony.
The remaining issue in this case is whether a felony conviction for mail fraud is an
offense which puts in grave issue whether the attorney has the moral fitness to continue
to practice law. In Kentucky Bar Ass'n v. Cline , 814 S .W.2d 925, 926 (Ky. 1991), this
Court said (in dealing with a prior version of the rule which allowed temporary suspension
when convicted of a felony which puts in issue one's moral fitness to practice law) :
For purposes of this rule, it is not necessary that the judgment
of conviction establish that the attorney does not in fact
possess the moral fitness required for practice. The rule is
satisfied when it appears from the conviction that he has so
acted as to create a grave issue as to his moral fitness .
Not all crimes put in issue one's moral fitness to practice law. Under the
comments to SCR 3 .130-8 .3, which defines misconduct, not all crimes reflect adversely
on the practice of law. "Although a lawyer is personally answerable to the entire criminal
law, a lawyer should be professionally answerable only for offenses that indicate lack of
those characteristics relevant to law practice . Offenses involving violence, dishonesty,
breach of trust, or serious interference with the administration of justice are in that
category ." SCR 3.310-8 .3 cmt.1 . SCR 3.130-8 .3 reflects that reasoning, deeming it
professional misconduct for a lawyer to:
(b) Commit a criminal act that reflects adversely on the
lawyer's honesty, trustworthiness or fitness as a lawyer in
other respects ;
(c) Engage in conduct involving dishonesty, fraud, deceit or
misrepresentation
In Barrett v. Kentucky Bar Ass'n, 819 S .W.2d 316 (Ky. 1991), this Court reviewed
a criminal charge of fraud in obtaining bank loans for which Mr. Barrett pled guilty in the
United States District Court for the Eastern District of Kentucky. We determined this
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conduct involved "dishonesty, fraud, deceit, misrepresentation, illegal conduct involving
moral turpitude and conduct which adversely reflects upon a lawyer's fitness to practice
law." Likewise, in the Respondent's case before us, we are of the opinion that the
Respondent's plea of guilty to mail fraud in the United States District Court "put[s] in
grave issue whether he/she has the moral fitness to continue to practice law." SCR
3 .165(1)(c). Therefore, the Inquiry Commission's request to temporarily suspend the
Respondent from the practice of law is granted, and
IT IS HEREBY ORDERED THAT:
1 . The Respondent, Douglas C . Combs, Jr., is hereby temporarily suspended from
the practice of law until further notice; and
2 . Within twenty (20) days from the date of entry of this order of temporary
suspension, the Respondent shall, pursuant to SCR 3.165(5), notify all clients in
writing of his inability to continue to represent them and shall furnish copies of any
such letters of notice to the Director of the Kentucky Bar Association ; and
3 . Immediately, to the extent reasonably possible, cancel and cease any advertising
activities in which the attorney is engaged .
All sitting . All concur.
ENTERED : April 24, 2008 .
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