ATTORNEYS HAVE A PROPERTY INTEREST IN THEIR LAW LICENSE – Can Prosecutor Overule Sentence of Suprrme Court?

ATTORNEYS HAVE A PROPERTY INTEREST IN THEIR LAW LICENSE – Can Prosecutor Overule Sentence of Suprrme Court?

Attorney Eric Deters has filed a pleading with the Ky. Supreme Court alleging that an attorney has a property interest in his law license and before it may be taken from him he is entitled to Due process rights.

To find more about you due process rights in your law license, contact the Eric Deters law firm and they will provide you a copy of their brief with citations to the Ky. Supreme Court. This brief argues that before the Bar Association may revoke a lawyer’s license, he is entitled to a due process hearing.

One provision of the Ky. Supreme Court rules, being used against Deters, is a rule that allows the Bar Counsel’s Office to set aside a sentence of suspension (61 days) and to indefinitely expand the sentence of temporary suspension from the practice of law. All the prosecutor has to do is to write a letter to the Character and Fitness committee, and the automatic reinstatement of the attorney is denied, and the attorney must prove that he is fit to have his license restored.

We have never heard of another procedure where after the Court has issued a sentence, that the prosecutor can merely write a letter and force the indefinite suspension of the right to practice law, even though the Supreme Court has ruled that the suspension should be limited to 61 days.

Deters has filed an original action in the Ky. Supreme Court (on April 23, 2012) contesting the expansion of his suspension by the mere motion of the prosecutor.

Contact:

Hon. Eric Deters 5247 Madison Pike Independence, KY. 41051

eric@ericdeters.com

859-363-1900 – telephone / 859-363-1444 – facsimile

 

 

 

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