KENTUCKY BAR ASSOCIATION V. ROGER P. ELLIOTT
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TO BE PUBLISHED
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2009-SC-000549-KB
KENTUCKY BAR ASSOCIATION
V.
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MOVAN
IN SUPREME COURT
ROGER P. ELLIOTT
RESPONDENT
OPINION AND ORDER
Pursuant to SCR 3.166, the Kentucky Bar Association (KBA) requests
this Court to enter an Order confirming the automatic temporary suspension of
Roger P. Elliott from the practice of law. Mr. Elliott, KBA Member No . 20767,
was admitted to the practice of law in this Commonwealth by Order entered
October 5, 1975, and his bar roster address is 304 Golf Club Drive,
Nicholasville, Kentucky 40356 . On May 6, 2009, Elliott was indicted by a
Pulaski Circuit Court Grand Jury for Theft of Services Already Rendered, a
Class D Felony, in violation of KRS ~ 514.090 and, on July 28, 2009, he pled
guilty to the charge and judgment was entered.
SCR 3 :166(1 } provides, in relevant part, that "[a]ny member of the
Kentucky Bar Association who pleads guilty to a felony . . . in this State or in
any other jurisdiction, shall be automatically suspended from the practice of
law in this Commonwealth ." This "suspension shall take effect automatically
beginning on the day following the plea of guilty . . . or upon the entry of
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judgment[,] whichever occurs first," and "shall remain in effect until dissolved
or superseded by order of the Court." Accordingly, Elliott was automatically
temporarily suspended from the practice of law in this Commonwealth
beginning July 29, 2009 .
Therefore, it is ORDERED that:
1 . Roger P. Elliott's automatic temporary suspension is hereby confirmed,
pursuant to SCR 3 .166, effective July 29, 2009, until superseded by
subsequent order.
2 . Notice and publication of this Order is granted for the benefit of all
members of the bar and public.
3 . Pursuant to SCR 3 .390, and within ten days from the entry of this
Opinion and Order, Elliott shall notify, in writing, all courts in which he
has matters pending and all clients he is currently representing of his
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 he has no active clients, whichever is
applicable. In addition, to the extent possible, Elliott shall immediately
cancel and cease any advertising activities in which he is engaged.
All sitting. All concur.
ENTERED : October 29, 2009 .
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