KENTUCKY BAR ASSOCIATION V. WILLIAM O. AYERS
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KENTUCKY BAR ASSOCIATION
IN SUPREME COURT
WILLIAM O. AYERS
RESPONDENT
ORDER CONFIRMING AUTOMATIC SUSPENSION
The Kentucky Bar Association (KBA) moved for an order confirming the
automatic suspension of William O. Ayers, KBA member number 85512,
pursuant to SCR 3 .166. Ayers was admitted to practice
law in this
Commonwealth on October 21, 1994, and his bar roster address is 821 West
Main Street, Louisville, Kentucky 40202 . The Court grants the KBA's motion,
in accordance with SCR 3 .166, because Respondent was convicted of five
felonies in the Jefferson Circuit Court.
Respondent was charged with five felony counts for failing to file a tax
return, in violation of KRS 141 .990(5) . On January 28, 2010, the jury
convicted Respondent of all five counts. Respondent is scheduled for
sentencing on March 10, 2010. The KBA's motion includes a copy of the jury's
verdict forms (which find Respondent guilty of the five felonies), and the court's
Order Upon Jury Verdict.
Pursuant to SCR 3.166(1),
Any member of the Kentucky Bar Association who . . . is convicted
by a judge or jury of a felony, in this State or in any other
jurisdiction, shall be automatically suspended from the practice of
law in this Commonwealth . "Felony" means an offense for which a
sentence to a term of imprisonment of at least one (1) year is
authorized by law. . . . The suspension shall take effect
automatically beginning on the day following the . . . finding of
guilt by a judge or jury or upon the entry ofjudgment whichever
occurs first . The suspension under this rule shall remain in effect
until dissolved or superseded by order of the Court. Within thirty
(30) days of the plea of guilty, or the finding of guilt by a judge or
jury, or entry of judgment, whichever occurs first, the suspended
attorney may file a motion with the Clerk of the Supreme Court of
Kentucky setting forth any grounds which the attorney believes
justify dissolution or modification of the suspension .
The offenses for which Respondent was convicted were felonies as
defined by SCR 3 .166(1) . That rule defines a felony as "an offense for which a
sentence to a term of imprisonment of at least one (1) year is authorized by
law."
Failing to file a tax return is a Class D felony, see KRS 141 .990(5), for
which a sentence between one and five years is authorized, see KRS
532 .060(2)(d) . Thus, due to this conviction, Respondent was automatically
suspended from the practice of law by action of SCR 3.166(1) on January 29,
2010, the day after his conviction . Respondent did not file a motion
challenging or seeking to modify his suspension. The purpose of this order is
to memorialize and confirm the fact that Respondent was automatically
suspended from the practice of law in Kentucky by the action of SCR 3 .166
beginning one day after his conviction .
Therefore, it is hereby ordered that:
1 . Respondent's automatic suspension from the practice of law in the
Commonwealth of Kentucky, effective January 29, 2010, is confirmed and shall
2
continue until dissolved or superseded by subsequent order of this Court ;
2 . This order shall be published for the information and benefit of all
members of the bar and public;
3. Pursuant to SCR 3.166(4), Respondent shall notify all his clients in
writing of his inability to continue to represent them and shall furnish copies of
all such letters to the Director of the KBA, shall make arrangements to return
all active files to his clients or new counsel, shall return all unearned attorney
fees and client property to his clients, and shall advise the Director of such
arrangements, if Respondent has not already done so as required by the Rule
within ten days of the conviction by jury;
4 . Pursuant to SCR 3 .166(5), if he has not done so already, Respondent
shall immediately, to the extent possible, cancel and cease any advertising
activities in which he is engaged ; and
5. Pursuant to SCR 3.166(6), disciplinary proceedings against
Respondent shall be initiated by the Inquiry Commission pursuant to SCR
3 .160, unless already begun or unless he resigns under terms of disbarment .
All sitting. All concur .
ENTERED : March 18, 2010 .
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