KENTUCKY BAR ASSOCIATION V. RUTH ANN SEBASTIAN
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2008-SC-000433-KB
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IN SUPREME COURT
RESPONDENT
RUTH ANN SEBASTIAN
OPINION AND ORDER
On November 16, 2006, the United States District Court for the Eastern
District of Kentucky suspended Ruth Ann Sebastian (KBA Member No. 81972)
from the practice of law in that court for an indefinite period for her failure to
respond to a show cause order. On September 18, 2008, this Court issued an
order directing Sebastian to show cause, if any, within twenty days why she
should not be subjected to reciprocal discipline in Kentucky under Supreme
Court Rule (SCR) 3 .435(4) . Sebastian's bar roster address is P. 0 . Box 8716,
Lexington, Kentucky 40353 . She was admitted to the practice of law in
Kentucky on April 24, 1987 .
Since Sebastian has not responded to this Court's Show Cause Order
and the twenty days to do so have passed, she has failed to establish any
reason why we should not impose identical reciprocal discipline ; and,. thus, we
now impose such identical reciprocal discipline as required by SCR 3.435(4) .
According to copies of the pertinent orders of the federal court attached
to the KBA's petition for reciprocal discipline, Sebastian, in her role as counsel
for the plaintiffs in a federal civil action, failed to respond to a motion to
dismiss made by the defendants in that case . After the deadline for a response
to be filed had elapsed, those plaintiffs retained different counsel, who filed a
motion for an extension of time to respond. United States District Judge
Gregory Van Tatenhove granted the motion for an extension . Contained within
that order granting an extension was a specific demand by Judge Van
Tatenhove that Sebastian show cause why she had not responded to the
defendants' motion to dismiss, or to a previous show cause order. When
Sebastian did not timely file a response to that latest show cause order, Judge
Van Tatenhove ordered Sebastian indefinitely suspended from the practice of
law in the United States District Court for the Eastern District of Kentucky
"until such time that Ms. Sebastian shows cause sufficient to the Court that
she ought to be reinstated to practice."
Because Sebastian has failed to show cause why identical reciprocal
discipline should not be imposed in this jurisdiction under SCR 3.435, the
Court ORDERS :
1)
Ruth Ann Sebastian is suspended from the practice of law in the
Commonwealth of Kentucky until she demonstrates that her current
suspension from the United States District Court for the Eastern District of
Kentucky has been lifted . After this period, Sebastian may apply for
reinstatement under SCR 3 .510;
2)
Under SCR 3 .390, Sebastian shall, within ten days from the entry
of this Opinion and Order, notify, in writing, all courts in which she has
matters pending and all clients she is currently representing of her inability to
provide further legal services and provide the Executive Director of the
Kentucky Bar Association with a copy of all such notice letters, or with a
certification that she has no active clients, whichever is applicable .
Furthermore, to the extent possible, Sebastian shall immediately cancel and
cease any advertising activities in which she is engaged ; and
3)
In accordance with SCR 3 .450, Sebastian shall pay all costs
associated with these disciplinary proceedings against her, and for which
execution may issue from this Court upon finality of this Opinion and Order.
Minton, C .J . ; Abramson, Cunningham, Noble, Schroder, and Scott, JJ.,
sitting. All concur. Venters, J., not sitting.
ENTERED: November 26, 2008 .
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