ERIC DETERS SANCTIONED BY Ky. SUPREME COURT In Fiery Response Deters says he will consider appeal to U.S. Supreme Court

May 26, 2013
By LawReader

Eric Deters has been suspended from the practice of law for 90 days with 30 days running concurrently with the 60 day sentence. The charges against Deters involve a procedural error in confusing the registration date of a LLC. Deters says he relied on documents from his client, but nevertheless the Sup. Ct. found he had violated Rule 11 The sanctions also include statements Deters made regarding past KBA actions against him. He argued that if the sanction was to be confidential under the rules, that he was not required to disclose the sanction, but the Supreme Court didn’t see it that way. This ruling will subject attorneys interested in plea bargaining ethics charges with a Non-Disclosure clause, will now be subject to public disclosure by other attorneys or even by the KBA in future actions. ( See: 2012-SC-000666-KB.PDF TO BE PUBLISHED May May 23, 2013. KENTUCKY BAR ASSOCIATION V. ERIC C. DETERS )

Deters has responded to the findings of the KBA and the Ky. Supreme Court imposing court costs and a 60 day suspension as follows:

“I’m fighting on. As of today and until I report otherwise.. I’m not suspended in Kentucky or Ohio. (The Sup. Ct. order directed that the suspension begin on June 3, 2013.) I plan an appeal to the U.S. Supreme Court.

Many of you have head a court hearing, unemployment hearing, worker’s compensation hearing, social security disability hearing, grievance hearing with a union, attended a city council meeting or other public hearing. One of the common denominators of all those hearings? An official record to appeal from. It’s part of the due process requirements which are sacred to this country.

Imagine a lawyer facing discipline would not be allowed to make the same record as all those examples I just have? Well, the Kentucky bar Counsel, the Kentucky Board of governors and the Rules of the Kentucky Supreme Court give the Board of governors the right to say not to an attorney from having a court reporter, audiotape or videotape of his Board of Governors meeting.
In my first suspension, the Board did not allow my videographer to videotape claiming I did not request it in time. This time, I asked in time, but they said no. Incredible injustice. This was in part the basis of my argument to the Kentucky Supreme court.

I disagree with the Kentucky Supreme court on the issue of the court reporter or videographer for the record. They state in the opinion:
“The court sees no prejudice in this practice as it relates to this Court’s review of the matter. When this Court undertakes review of a disciplinary proceeding, whether at a party’s urging under SCR 3.370(7) or the Court’s own motion under SCR 3.370(8), it is not bound as it would be in a pure appeal. The court is not required to defer to the findings of fact of conclusions of law of the trail commissioner of the Board. Rather, in disciplinary proceedings, those entities act as administrative agent of this court to produce a records and a recommendation.
Once this court undertakes review of a case it “shall enter such orders or opinion as it deems appropriate on the entire record”. SCR 3.370(8). Thus, the demeanor and actions of the Board and Bar Counsel are not relevant. This Court instead decides the case de nova itself based on the record developed below. Any potential unfairness shown by a Board member of by Bar Counsel is alleviated by this Court’s independent review of a lawyer’s alleged misconduct.

The Kentucky Supreme Court references three times the record:. “to produce a record”, “on the entire record”, and based on the record developed below.” This is a contradiction.
The Court admits a record is important while at the same time concludes it’s not.
Towards the end of the opinion the Court concludes:

“Deters has received due process from these proceedings.”
I don’t know how they can state this without me being given the opportunity for a record of a Board of Governors hearing. For example, the Board of Governors drafted a written report. I had no record to point out their mistakes.

Last year I had to serve 52 days more than the 60 days ordered because Bar Counsel was allowed to extend it in part on these two charges. The Court explains the 52 days away by stating that the disciplinary cases were not the only reason for the objection to extend last years suspension. This means they admit it was part of it yet give me no credit and there is no question it was the main reason. They are attempting to punish me twice for the same conduct.
“The Small Claims Court, The District Court, the Circuit Court and the Appeals Court and the Ky. Supreme Court all require a record. Not the Bar Association or law discipline? Sorry, it’s wrong. The Medical Board allows it for doctors. Doctors aren’t even the “defenders of liberty” (sarcasm) lawyers are. “I’ve decided to ask the Ky. Supreme Court to reconsider and then if they do not, I’m filing with the US Supreme Court where I’ll ask them to hear the case.”

The allegations against me in these two dated matters involved allegations filed in a Complaint or lawsuit. Guess what? It’s not a perfect process. You make mistakes. I’m unaware of one single lawyer in the tri-state who has ever been sanctioned or disciplined ever for this.

At the Board of Governor’s hearing, I point out I think it’s hypocrisy that defense lawyers every day in Kentucky file Answer to lawsuits where they claim things they know are false like defenses know they apply. (sic)

Two or three members of the Board laughed and said: “year we do that and we will keep doing that.” They thought it was funny. Ten they judged me and didn’t’ give me the record I wanted to base my argument in part to the Kentucky Supreme Court. The Court has ruled that’s OK. Well, it’s not OK.

I owe it to myself and other lawyers who face these same issues in the future to battle on. And I shall. I’m right. The cause is just. And as TR said: “Aggressive fighting for the right is the noblest sport the world affords.”

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