KENTUCKY BAR ASSOCIATION V. BRYAN KENT BURLEW
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MODIFIED : MAY 21, 2009
ENTERED: MARCH 19, 2009
TO BE PUBLISHED
'Suprrme Courf -of
2008-SC-000500-KB
KENTUCKY BAR ASSOCIATION
V.
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MOVANT
IN SUPREME COURT
BRYAN KENT BURLEW
RESPONDENT
OPINION AND ORDER
The Movant, Kentucky Bar Association (hereinafter KBA), moves this
Court to suspend the Respondent, Bryan Kent Burlew, KBA Member
No . 87529, from the practice of law for a period of three (3) years. This matter
involves three default disciplinary cases: KBA files 14969, 14455, and 14544 .
Upon consideration of the present charges, the Board finds that the present
disciplinary cases represent a continuing history of a failure to respond to bar
complaints and charges . The Board recommends suspension from the practice
of law for three years . Burlew has not requested a review of that decision,
pursuant to SCR 3 .370(8) . We agree with the Board's recommendation .
KBA FILE NO . 14969
On May 14, 2005, Mary Hatmaker retained Burlew to represent her in a
custody and child support matter. Hatmaker paid Burlew $661 .00 for such
representation ; $500 .00 represented an agreed-upon flat fee and $161 .00 was
allocated as filing fees. Burlew filed a Motion for Temporary Custody on
K.tal
. D.C.
Hatmaker's behalf in the Carroll Circuit Court and thereafter ceased all
communication with her. Hatmaker attempted unsuccessfully to contact
Burlew by telephone on multiple occasions. On November 10, 2005, Hatmaker
sent a certified letter to Burlew requesting the return of the unearned portion
of his fee . Burlew failed to respond to Hatmaker's letter or to refund the
unearned portion of his fee. Hatmaker was unable to afford another attorney
and eventually settled the matter informally with the children's father. The
case was dismissed by the Carroll Circuit Court for lack of prosecution on
August 21, 2006.
Burlew was subsequently charged with one count each for violating
SCR 3 .130-1 .3, SCR 3 .130-1 .4(a), SCR 3 .130-1 .16, and SCR 3 .130-8 .1(b) . The
complaint was sent to Burlew via certified mail at his bar roster address of Post
Office Box 336, Burlington, Kentucky 41005; however, service was
unsuccessful . Attempts to serve the complaint through the Boone County
Sheriff's Office were also unsuccessful . The charge was sent by certified mail
to Burlew at his bar roster address on November 26, 2007 . Burlew signed for
the charge at two alternative addresses on January 26, 2008 . Also, both the
complaint and charge were served on the Executive Director of the KBA,
pursuant to SCR 3 .175(2) . Burlew failed to respond to either the complaint or
the charge .
KBA FILE NO . 14544
On September 19, 2006, a bar complaint for this matter was mailed to
Burlew at his bar roster address . Burlew signed for the complaint; and a
certified mail receipt was returned to the KBA on September 26, 2006 .
Reminder letters were mailed to Burlew, and service was also attempted by the
Boone County Sheriff's Office. None of these attempts at service were
successful . The charge was mailed by certified mail to Burlew at his bar roster
address on October 19, 2007, and returned as undeliverable . Pursuant to
SCR 3 .175(2), the reminder letter and charge were served on the Executive
Director of the KBA on April 10, 2007, and October 26, 2007, respectively .
Burlew failed to answer the charge.
KBA FILE NO . 14455
On August 18, 2006, a bar complaint was mailed to Burlew at his bar
roster address. Burlew signed for the complaint and a certified mail receipt
was returned to the KBA on August 31, 2006 . A reminder letter was then sent
to Burlew on October 10, 2006. The charge was also mailed to Burlew at his
bar roster address and was not returned by the post office . The charge was
also mailed to an alternative address but returned as undeliverable at that
address . Pursuant to SCR 3 .175(2), the charge was served on the Executive
Director of the KBA on October 26, 2007. Burlew failed to answer the charge.
PRIOR DISCIPLINARY RECORD
In October of 2005, Burlew was privately admonished for violation of
SCR 3 .130-1 .16(d) . In December of that same year, Burlew's license to practice
law was suspended for failure to pay KBA dues and for non-compliance with
CLE requirements . Burlew was then privately admonished twice during
February of 2006 . One admonition was for violations of SCR 3 .130-1 .16(d) and
3
SCR 3 .130-8 .1(b), and the other was for violations of SCR 3 .130-1 .4 and
SCR 3 .130-8 .1(b) . A fourth private admonition was issued against Burlew in
March of 2006 for violations of SCR 3 .130-1 .16(d) and SCR 3 .130-8 .1(b) .
On August 24, 2006, Burlew was suspended from the practice of law for
a period of 181 days for numerous violations . See Kentucky Bar Association v.
Burlew, 198 S .W.3d 585 (Ky. 2006) . More recently, Burlew was suspended
from the practice of law for three years for violations of SCR 3.130-3 .3(a)(2),
SCR 3.130-3.4(c), SCR 3 .130-5 .5(a), and 3 .130-8 .1(b) . See Kentucky Bar
Association v. Burlew, 250 S .W.3d 310 (Ky. 2008) . Additionally, at the time of
the Board's decision, Burlew was in the process of being served with a private
admonition for violation of SCR 3.130-8.1(b) .
DISCUSSION
The Board of Governors voted to suspend Burlew's license for a period of
three years . Seventeen members of the Board voted for the suspension, and
one member of the Board abstained from voting. The Board recommends that
Burlew be subject to a three-year suspension and be ordered to pay the cost of
these proceedings . We agree. Due to the numerous and continuing violations
of the Rules of Professional Conduct by Burlew and his apparent disregard for
the disciplinary process, this Court finds a suspension of three years to be an
appropriate punishment.
Thus, it is ORDERED that:
1 . Bryan Kent Burlew, KBA Member No. 87529, is suspended from the
practice of law for a period of three (3) years . This suspension shall run
consecutively with the three-year suspension entered by this Court against
Burlew on April 24, 2008. Should Burlew thereafter seek to have his license
restored, he must first be processed by the Character and Fitness Committee.
Further, if appropriate, the Character and Fitness Committee will have an
opportunity prior to restoration to impose any requirements regarding the
Kentucky Lawyer's Assistance Program (KYLAP);
2 . In accordance with SCR 3.450, Burlew is directed to pay all costs
associated with these disciplinary proceedings against him, said sum being
$381 .11, and for which execution may issue from this Court upon finality of
this Opinion and Order; and
3 . Under SCR 3.390, Burlew shall, within ten days from the entry of this
Opinion and Order:
a) to the extent possible, cancel and cease any advertising activities
in which he is engaged ; and
b) notify all clients, in writing, of his inability to represent them;
notify, in writing, all courts in which he has matters pending of his disbarment
from the practice of law; and furnish copies of these letters of notice to the
Executive Director of the Kentucky Bar Association .
All sitting. All concur.
ENTERED: March 19, 2009 .
,Suprtme (~vurf of ~irnfurhV
2008-SC-000500-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
BRYAN KENT BURLEW
RESPONDENT
ORDER GRANTING MOTION FOR RECONSIDERATION
AND MODIFYING OPINION AND ORDER
The Kentucky Bar Association's (KBA's) motion for reconsideration
is GRANTED . The Opinion and Order, rendered March 19, 2009, is
MODIFIED on its face; and the attached Opinion and Order is
substituted in lieu of the original Opinion and Order, rendered March 19,
2009. Said modification does not affect the holding.
All sitting. All concur.
ENTERED: May 21, 2009 .
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