SUPREME COURT REQUIRES INQUIRY COMMISSION CHARGES TO STATE ACTUAL FACTS

The Supreme Court has mandated that the Inquiry Commission actually provide factual information to support their findings of ethical violations.

Ky. Bar Ass’n v. Blum (Ky., 2013) April 25, 2013
9. See SCR 3.190. This is not to be construed as an endorsement of the form of the Charge in this case. We do find it worthwhile to note that the Charge issued here contains fifty-nine numbered paragraphs of factual allegations under the heading of “Count I” and then merely a quote of the rule alleged to have been violated and a general description of the violation under each succeeding count. Although not improper, this Charge would have been clearer had it alleged with specificity the offending statement or action that Blum had made or done in violation of any rule. The Inquiry Commission must “convey enough factual information to support a finding of the violation of the count(s) it asserts.” Kentucky Bar Ass’n v. Edwards, 377 S.W.3d 557, 562 (Ky. 2012).

Ky. Bar Ass’n v. Blum (Ky., 2013)

Leave a Comment:

*