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IN RE: Kevin Todd CURE (2021)

Supreme Court of Kansas.2021-03-08No. No. 120,518

Summary

Holding. The court granted Cure's petition for reinstatement of his law license in Kansas, subject to entering a one-year monitoring agreement with the Kansas Lawyers Assistance Program and fulfilling continuing legal education and fee payment obligations.

Kevin Todd Cure's law license had been suspended in Kansas for 18 months, with the suspension taking effect in July 2018. After the suspension period elapsed, Cure filed a petition for reinstatement in March 2020. A hearing panel of the Kansas Board for Discipline of Attorneys examined his petition and recommended granting reinstatement, provided he enter into a one-year monitoring agreement with the Kansas Lawyers Assistance Program.

The court accepted the hearing panel's findings and recommendation. The court reinstated Cure's license to practice law in Kansas, conditioned on his completion of a monitoring agreement with the assistance program, compliance with continuing legal education requirements, and payment of all applicable attorney fees and registration costs. Once Cure provides proof of satisfying these conditions, he will be restored to the active roster of Kansas attorneys.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Reinstatement of suspended law license following disciplinary suspension
  • Conditions imposed for reinstatement
  • Role of hearing panel recommendations in reinstatement proceedings

Procedural posture

Following an 18-month suspension of Cure's law license that began in July 2018, the court conducted a reinstatement hearing in October 2020 after Cure filed his petition for reinstatement in March 2020.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

ORDER OF REINSTATEMENT

On May 10, 2019, this court suspended Kevin Todd Cures license to practice law in Kansas for a period of 18 months beginning on the date of his temporary suspension, July 13, 2018. The court further ordered that Cure undergo a reinstatement hearing prior to its consideration of any petition for reinstatement. See In re Cure, 309 Kan. 877, 885-86, 440 P.3d 563 (2019); see also Supreme Court Rule 232 (2021 Kan. S. Ct. R. 287) (formerly Rule 219) (procedure for reinstatement after suspension).

On March 25, 2020, Cure filed a petition for reinstatement. On October 22, 2020, a hearing panel of the Kansas Board for Discipline of Attorneys conducted a hearing on Cures petition for reinstatement. On January 25, 2021, this court received the hearing panels Reinstatement Final Hearing Report, recommending that Cures petition for reinstatement be granted, subject to Cure entering a one-year monitoring agreement with the Kansas Lawyers Assistance Program (KALAP).

The court, after carefully considering the record, accepts the findings and recommendations of the hearing panel and grants Cures petition for reinstatement of his license to practice law in Kansas, subject to him entering a one-year monitoring agreement with KALAP.

It Is Therefore Ordered that Cures license to practice law in Kansas is reinstated, subject to the conditions as set forth above and conditioned upon his compliance with the annual continuing legal education requirements and upon his payment of all attorney registration and continuing legal education fees. See Supreme Court Rule 206 (2021 Kan. S. Ct. R. 251) (formerly Rule 208); Supreme Court Rule 808 (2021 Kan. S. Ct. R. 613); Supreme Court Rule 811(b) (2021 Kan. S. Ct. R. 615).

Upon receipt of proof of Cures completion of these conditions, the Office of Judicial Administration is directed to enter his name on the roster of attorneys actively engaged in the practice of law in Kansas.

It Is Further Ordered that this order be published in the official Kansas Reports and that the costs herein be assessed to Cure.