In re Sutton

In re Sutton

Opinion

 [*251]  [**905]   Original proceeding in discipline.

Per Curiam: This is an original proceeding in discipline filed by the Disciplinary Administrator's office against Jeffrey A. Sutton, of Topeka, an attorney admitted to the practice of law in Kansas.

A formal complaint was filed against respondent on January 13, 1998, alleging violations of ] MRPC 1.1 (1997 Kan. Ct. R. Annot. 268) (competence), 1.15 (1997 Kan. Ct. R. Annot. 316) (safekeeping property), 3.5 (1997 Kan. Ct. R. Annot. 341) (impartiality and decorum of the tribunal); 8.2 (1997 Kan. Ct. R. Annot. 364) (judicial and legal officials), and 8.4 (1997 Kan. Ct. R. Annot. 366) (misconduct).

A formal hearing was held before a panel of the Kansas Board for Discipline of Attorneys, and respondent appeared in person. The Disciplinary Administrator appeared by Marty Snyder, deputy disciplinary administrator.

The disciplinary panel found the following facts were established by [***2]  clear and convincing evidence:

COUNT I

"Respondent served as an Assistant County Attorney in Labette County, Kansas, in 1992. He appeared on behalf of the State of Kansas . . . before the Honorable Daniel L. Brewster at a preliminary hearing in the Matter of State of Kansas v. Jody Malcolm, Case No. 92-CR-88 PA on April 19, 1992. During the course of the hearing, Respondent whispered to his own witness, the arresting officer, that Judge Brewster was acting like a cockroach because he was taking evidentiary rulings under advisement during the course of the hearing and not ruling upon objections in open court. The comment was picked up on a tape recording machine that was used in the courtroom."

 [*252]  COUNT II

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