KENTUCKY BAR ASSOCIATION, CLE COMMISSION V. D. ANTHONY BRINKER
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2010-SC-000004-KB
DATE
KENTUCKY BAR ASSOCIATION,
CLE COMMISION
V.
MOVANT
IN SUPREME COURT
D . ANTHONY BRINKER
RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association Continuing Legal Education Commission
has requested that we enter an order of suspension against D. Anthony
Brinker, KBA No. 07614. Brinker's last known bar roster address is 301 Pike
Street, P.O. Box 1226, Covington, Kentucky 41011 .
Brinker was certified to this Court as being in non-compliance with the
minimum annual continuing legal education requirements for the 2008-09
educational year in December 2009 . We entered an order on December 10,
2009 ordering Brinker to show cause why he should not be suspended for noncompliance with the minimum CLE requirements . Brinker's response to the
show cause order was deficient, in that it did not include the $25 .00 filing
fee required by both the order itself and SCR 3 .669(3), and thus, we issued a
deficiency letter on January 4, 2010 requiring the payment of the filing fee
within ten days. Brinker never corrected this deficiency, but his response was
filed nonetheless.
Thereafter, we issued an order, dated March 18, 2010, adjudging Brinker
guilty for failing to complete the annual mandatory minimum continuing legal
education requirements for the 2008-09 year, and ordering him to pay a fine in
the amount of $750.00 by April 7, 2010 . Said order also applied back credits
from the 2009-10 educational year to Brinker's CLE record for 2008-09 in
order to cure his deficiency, and prevented him, pursuant to SCR 3 .667(2),
from applying for a non-hardship extension for the educational years ending
June 30, 2010 and June 30, 2011 .
Just as Brinker never paid the $25.00 filing fee for his response to the
show cause order, he has yet to pay the $750 .00 fine that was due on April 7,
2010. Furthermore, the CLE Commission advises this Court in its motion that
Brinker failed to earn sufficient CLE credits to satisfy the mandatory minimum
required for the 2009-2010 educational year, which ended on June 30, 2010 .
Due to Brinker's failure to comply and subsequently respond, and due to
his continued non-compliance with the CLE requirement, the CLE Commission
requests that Brinker be suspended from the practice of law pursuant to SCR
3 .669(4) . We find this to be an appropriate sanction.
Accordingly, it is ORDERED that:
1 . D. Anthony Brinker is adjudged guilty of failing to comply with this
Court's order, entered March 18, 2010, requiring him to pay a fine in the
amount of $750 .00;
2 . He is hereby suspended from the practice of law until such time as this
Court enters an order restoring or reinstating his membership in the
Kentucky Bar Association;
3. He shall not file an application for restoration or reinstatement until
such time as any CLE deficiency of record and existing requirements are
met as set forth in SCR 3.675 and he has paid the sum of $750.00 to the
Kentucky Bar Association, along with such other costs as are necessary;
4 . He shall, pursuant to SCR 3.390, notify all courts in which he has
matters pending of his suspension from the practice of law, and notify all
clients in writing of his inability to represent them and of the necessity
and urgency of promptly retaining new counsel by letter duly placed in
the United States mail within ten days of the date of this order. He shall
simultaneously provide a copy of all such letters to the Kentucky Bar
Association . Furthermore, to the extent possible and necessary, he shall
immediately cancel and cease any advertising activities in which he is
engaged ; and
5. If he fails to comply with any of the terms of discipline as set forth
herein, upon motion of the Office of Bar Counsel, this Court may impose
other discipline in this matter.
All sitting. All concur.
ENTERED: October 21, 2010 .
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