KENTUCKY BAR ASSOCIATION V. JANE K. KISSLING
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KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
JANE K. KISSLING
RESPONDENT
OPINION AND ORDER
On October 1, 2009, the Kentucky Bar Association (KBA) moved this
Court to enter an order directing Jane K. Kissling, whose KBA member number
is 81087 and whose bar roster address is P.O . Box 8314, Lexington, Kentucky,
40533, to show cause why she should not be subject to reciprocal discipline
after being permanently disbarred by the Supreme Court of New Jersey on
September 24, 2008 . The KBA also requested that if such cause be lacking,
this Court enter an order in accordance with SCR 3 .435(4) permanently
disbarring Kissling from the practice of law in this Commonwealth . On
November 25, 2009, this Court granted the KBA's request, ordered Kissling to
show cause why she should not be subject to reciprocal discipline, and noted
that the identical discipline would be imposed on Kissling if she failed to
respond within twenty days of receipt of the show cause order. Having received
no response from Kissling, this Court now grants the KBA's motion and
recommended disciplinary sanction .
Kissling was admitted to practice law in this Commonwealth on March 1,
1972, and was admitted to practice law in New Jersey in 1989 . In 1994,
Kissling was indicted by a New Jersey grand jury for knowingly
misappropriating $52,100.97 from one of her clients, Ms. Violet Sachs.'
Following the indictment, which charged Kissling with a third-degree felony,
Kissling disappeared and was a fugitive for the next four years . Kissling was
ultimately apprehended in 1998 and entered into a one-year pretrial
intervention program. Subsequently, in 1999, an ethics complaint was filed
against Kissling based on her misappropriation of Ms. Sachs' property. After
Kissling filed an answer to this complaint in 2002 requesting a stay, the
Supreme Court of New Jersey stayed the ethics proceedings against Kissling
until July 17, 2006, when the Court granted the Office of Attorney Ethics'
motion to lift the stay.
On June 25, 2008, the New Jersey Disciplinary Board entered its
decision finding Kissling guilty of violating the New Jersey Rules of Professional
Conduct (RPC) 1 .15(a), which prohibits an attorney from knowingly
misappropriating a client's trust funds, and 8 .4(c), which prohibits an attorney
from engaging in conduct involving fraud, dishonesty, deceit or
i Kissling has been temporarily suspended from the practice of law in New Jersey
since the date of this indictment, September 19, 1994 .
misrepresentation. The Board unanimously recommended that Kissling be
permanently disbarred from the practice of law for her misconduct . On
September 24, 2008, the Supreme Court of New Jersey adopted the Board's
recommendation and entered an order permanently disbarring Kissling.
If an attorney licensed to practice law in this Commonwealth receives
discipline in another jurisdiction, SCR 3 .435(4) requires this Court to
impose the identical discipline unless Respondent proves by
substantial evidence :
(a) a lack of jurisdiction or fraud in the out-of-state
disciplinary proceeding, or
(b) that misconduct established warrants substantially
different discipline in this State.
As noted previously, Kissling, by not responding to the show cause order, has
failed to demonstrate why this Court should not impose the identical discipline
she received in New Jersey . Furthermore, SCR 3 .435(5) requires this Court to
recognize that a final adjudication of misconduct in another jurisdiction
establishes conclusively the same misconduct for purposes of a disciplinary
proceeding in Kentucky .
Here, the rules Kissling violated in New Jersey are identical to the
corresponding Rules of Professional Conduct in Kentucky : RPC 1 .15(a) is the
equivalent of SCR 3 .130-1 .15(a), and RPC 8 .4(c) is the equivalent of the
recently amended SCR 3.130-8 .4(c) . Thus, because Kissling has been
disciplined by the Supreme Court of New Jersey and because she has failed to
show adequate cause why she should not be subject to reciprocal discipline
pursuant to SCR 3 .425(4), this Court grants the KBA's motion and adopts their
recommended discipline of permanent disbarment . It is hereby ORDERED
that:
1 . Jane K. Kissling is permanently disbarred from the practice of law in the
Commonwealth of Kentucky .
2 . Pursuant to SCR 3 .450, Jane K. Kissling is directed to pay all costs, if
any, associated with these disciplinary proceedings against her and for
which execution may issue from this Court upon finality of this Opinion
and Order.
3. Pursuant to SCR 3 .390, Jane K. Kissling shall, within ten (10) days from
the entry of this opinion and order, notify all clients, in writing, of her
inability to represent them; notify, in writing, all courts in which she has
matters pending of her disbarment from the practice of law; and furnish
copies of all letters of notice to the Executive Director of the Kentucky
Bar Association. Furthermore, to the extent possible, Kissling shall
immediately cancel and cease any advertising activities in which she is
engaged.
All sitting. All concur
ENTERED : April 22, 2010.
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