KENTUCKY BAR ASSOCIATION V. DOUGLAS C. COMBS, JR.
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TO BE PUBLISHED
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2009-SC-000688-KB
KENTUCKY BAR ASSOCIATION
V.
DATE -3taoito
MOVANT
IN SUPREME COURT
DOUGLAS C . COMBS, JR.
RESPONDENT
OPINION AND ORDER
Respondent, Douglas C . Combs, Jr., was admitted to the practice of law
in the Commonwealth of Kentucky on November 1, 1983 . His bar roster
address is 1200 Kentucky Boulevard, Hazard, Kentucky 41701 and his KBA
Member Number is 13883 . Respondent was suspended from the practice of
law by this Court on April 24, 2008, pursuant to SCR 3 .165, pending
resolution of the disciplinary charges against him.'
Respondent had been a Perry County District Court Judge, and then a
Perry County Circuit Court Judge until his resignation, effective April 14, 2004,
while charges were pending before the Judicial Conduct Commission . On July
6, 2005, the Inquiry Commission issued a Charge against Respondent of
1 Inquiry Comm'n v. Combs, 250 S .W.3d 319 (Ky. 2008) .
engaging in unprofessional conduct by a lawyer that involved dishonesty,,
fraud, deceit or misrepresentation, in violation of SCR 3 .130-8 .3(c) .2 The
Charge asserted that, between 1998 and August 2003, Respondent processed a
number of claims to the Administrative Office of the Courts for payment to
persons appointed by him as Circuit Judge as substitute court reporters in
Perry Circuit Court, when those services were not actually needed nor
performed . 3 Respondent denied the Charge and the matter was placed in
abeyance pending criminal charges .
On December 7, 2006, Respondent was indicted in the United States
District Court for the Eastern District of Kentucky at Lexington4 for thirty-six
counts of mail fraud, in violation of 18 U .S .C. ยง 1351, for the same course of
conduct as in the KBA Charge. Respondent entered a plea of guilty to one
count and was sentenced to six months incarceration, three years supervised
release, and payment of a fine of X3,000 . Restitution was neither sought nor
ordered .
As a result of his plea, the matter before the KBA was taken out of
abeyance . The Inquiry Commission issued a second Charge for violation of
SCR 3 .130-8 .3(b) (committing a criminal act that reflects adversely on the
lawyer's honesty, trustworthiness or fitness as a lawyer), and this Court issued
2 KBA File No . 11779 .
3 The Trial Commissioner would later find: "There is no evidence that the actual loss to
AOC was over $60,000.00 ." Respondent's memorandum for sentencing before the
U.S . District Court stated the agreed loss figure was $65,175 .
4 Criminal Action No . 06-CR-34-KKC .
a temporary suspension from the practice of law .-5 Respondent answered-,
denying the charges. . A Trial Commissioner was appointed and an evidentiary
hearing held on or about March 24, 2009 .6 The Trial Commissioner found the
Respondent guilty of both Charges and filed his report on July 23, 2009. The
Trial Commissioner recommended permanent disbarment .
Respondent appealed to the Board of Governors . The parties filed briefs
with the Board, which heard the case on September 18, 2009 . Respondent's
brief conceded that "[t]he only real issue in the present case is the degree of
sanction to be imposed on Mr. Combs as a result of his criminal plea." The
Board issued Findings of Fact, Conclusions of Law and Recommendations on
October 16, 2009, which were filed with this Court on October 19, 2009 . By a
vote of 14 to 4, the Board recommended that Respondent be found guilty of
both Counts, for violation of SCR 3 .130-8 .3(b) and SCR 3 .130-8 .3(c), and be
permanently disbarred.
SCR 3 .370(8) permits Respondent to file a notice of review with this
Court within 30 days of the Board's recommendation . SCR 3 .370(10) provides
that if no notice of review is received, and the Court itself does not seek review
under SCR 3 .370(9), then this Court shall enter an order adopting the decision
of the Board of Governors relating to all matters . No requests for review have
been filed. Accordingly, this Court adopts the Findings of Fact, Conclusionsof
5 Combs, 250 S .W .3d 319 .
6
In various documents, the hearing date is listed as March 23, 2009 ; March 24, 2009 ;
and March 25, 2009.
Law and Recommendations of the Board of Governors dated October 16, 2009,
and filed October 19, 2009 .
THEREFORE, IT IS HEREBY ORDERED THAT:
1 . Respondent, Douglas C . Combs, Jr., is permanently disbarred from the
practice of law in this Commonwealth, effective upon the entry of this
Opinion and Order ; and
2 . Respondent shall pay all costs associated with these disciplinary
proceedings against him, which were certified by the Executive Director
to be "X3,172 .73, for which execution may issue from this Court upon
finality of this Opinion and Order.
All sitting. All concur .
ENTERED : MARCH 18, 2010 .
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