CONSTANCE L. BUEHNER (F/K/A CONNIE LEE RUNNER) V. KENTUCKY BAR ASSOCIATION
Annotate this Case
Download PDF
TO BE PUBLISHED
Z
,;vixyrrrar C~ourf of
2008-SC-000727-KB
CONSTANCE L. BUEHNER
(F/K/A CONNIE LEE RUNNER)
'.
MOVANT
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Movant, Connie Lee Runner, pursuant to SCR 3.480(2), moves this Court
to enter an order of public reprimand and a suspension of her license to
practice law in Kentucky for thirty (30) days, probated for one (1) year, on the
condition that no further charges are brought by the Inquiry Commission for
one (1) year. Runner's KBA Member Number is 83581 and her bar roster
address is 121 South 7th Street, Louisville, Kentucky 40202. Runner was
admitted to practice law in Kentucky in October of 1990. The Kentucky Bar
Association (KBA) states that it has no objection to the motion. For the
following reasons, the motion is granted.
In connection with her representation of a DUI client, Runner was
indicted by the Jefferson Circuit Court in June of 1998, along with her client,
for conspiring to bribe a public official. The indictment alleged that Runner's
client, acting at Runner's direction, made contact with a police officer in an
offer to pay that officer to not appear in court. In July of 2000, Runner was
acquitted by the jury in that case and the charges were dismissed .
In July of 1999, Runner was indicted for tampering with physical
evidence in relation to the 1998 bribery case. The basis of that charge was that
a handwriting sample obtained from Runner for use in the 1998 case was
knowingly fabricated or "contrived" by Runner . On October 18, 1999, the
Inquiry Commission issued a complaint against Runner based on her 1999
indictment for tampering with physical evidence . On December 31, 1999, the
Inquiry Commission entered an order holding the disciplinary proceedings in
abeyance pending the, outcome of the 1999 case .
Pursuant to aa jury trial, Runner was found guilty of tampering with
physical evidence on April 8, 2004. On May 20, 2004, this Court entered an
order confirming Runner's automatic temporary suspension from the practice
of law under SCR 3.166 due to her felony conviction for tampering with
physical evidence. The order stated that the suspension was to be retroactively
effective from April 9, 2004.
On August 13, 2004, the Jefferson Circuit Court entered an order setting
aside Runner's conviction for tampering with physical evidence and granting
her motion for a. new tried, based on cumulative errors that occurred at trial.
Subsequently, Runner filed motions with the KBA and this Court to dissolve
her automatic suspension or hold the KBA proceedings in abeyance based on
the trial court's order vacating the conviction. On October 21, 2004, this Court
entered an order setting aside the opinion and order of May 20, 2004, and on
November 1, 2004, the Inquiry Commission entered an order sustaining
Runner's motion to hold her disciplinary proceedings in abeyance .
In March of 2005, the Commonwealth and Runner entered into a plea
agreement whereby Runner would plead guilty to the amended charge of
unsworn falsification to authorities (KRS 523. 100), a Class B misdemeanor, in
exchange for the Commonwealth's recommendation of a sentence of 30 days, to
be conditionally discharged for two years o the condition that Runner perform
250 hours of community service . On March 8, 2005, Runner entered a guilty
plea pursuant to North Carolina v. Alford to the amended charge of unsworn
falsification to authorities and was thereafter sentenced according to
recommendation of the Commonwealth in the plea agreement.
On March 28, 2005, the KBA filed a motion to remove the disciplinary
case from abeyance due to the conclusion of the underlying criminal
proceeding. The Inquiry Commission removed the disciplinary proceeding from
abeyance per order of May 2, 2005 .
On October 2, 2008, Runner filed a verified motion for consensual
discipline with this Court pursuant to SCR 3 .480(2) . In the motion, Runner
acknowledges that the entry of her Alford plea is proof that she violated SCR
3.130-8.3(b) (commission of a criminal act that reflects adversely on the
lawyer's honesty, trustworthiness, or fitness) . Runner asks that this Court
enter an order of public reprimand and a thirty (36)-day suspension of her
license to practice law in Kentucky, probated for one (1) year, on the condition
that no further charges are brought by the Inquiry Commission -against her
within one (1) year from the date of the Court's order. The KBA's response to
the motion states that it has no objection to the motion, and given that Runner
has previously served a six (6)-month automatic temporary suspension under
SCR 3.166 for the felony conviction which was vacated, it views the proposed
discipline as appropriate.
In light of the fact that Runner has already been subject to a six (6)month suspension (from April 9, 2004-October 21, 2004) on the felony
conviction which was subsequently set aside, we deem the proposed discipline
to be adequate . Hence, we approve the proposed sanction and decline further
review of the matter. SCR 3.480(2) .
ACCORDINGLY, IT IS ORDERED THAT:
(1)
Connie Lee Runner is hereby publicly reprimanded for violating SCR
3 .130-8 .3(b) .
(2) Connie Lee Runner is hereby suspended from the practice of law in
the Commonwealth of Kentucky for thirty (30) days, probated for one
(1) year on the condition that no further charges are brought by the
Inquiry Commission against Runner within one (1) year from the
date of this order.
(3) In accordance with SCR 3.450, Runner is directed to pay all costs
associated with these disciplinary proceedings against her, said sum
being $38.80 for which execution may issue from this Court upon
finality of this order.
All sitting. All concur.
ENTERED: November 26, 2008 .
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.