Kentucky Reports

KENTUCKY BAR ASSOCIATION v. QUESINBERRY, 2006-SC-0601-KB
(Ky. 10-19-2006) KENTUCKY BAR ASSOCIATION, Petitioner v.
Dana Lea B. QUESINBERRY, Respondent. No. 2006-SC-0601-KB.
Supreme Court of Kentucky. October 19, 2006.

OPINION AND ORDER

The Kentucky Bar Association (KBA) moves this Court to
declare Respondent, Dana Lea B. Quesinberry, KBA Member No.
85504, P.O. Box 457, Morehead, KY 40351, guilty of three
charges brought before the KBA. The KBA also moves this
Court to enter a Public Reprimand against Respondent and an
Order suspending her from the practice of law in Kentucky
for thirty (30) days, with such suspension to be probated
for one (1) year on the condition that Respondent attend
four (4) hours of remedial ethics training. We so find and
enter such orders.

KBA File 11217

Respondent was properly served a complaint by the Inquiry
Commission on June 7, 2004, alleging three violations of
the Rules of Professional Conduct in connection with her
representation of Patricia Ann Johnson Keenan and Joseph
Keenan in an appeal filed in the Court of Appeals.
Respondent filed a response to the complaint on July 20,
2004. On August 25, 2005, the Inquiry Commission issued a
three count charge against Respondent alleging violation of
the following rules: SCR 3.130-1.3 (diligence); SCR
3.130-1.4(a) (communication); and SCR 3.130-3.4(c)
(disobeying obligations to a tribunal). On September 21,
2005, Respondent filed and was granted an Extension of Time
in which to respond to the Commission’s charges. However,
Respondent never filed a response and the matter was
finally ordered submitted to the Board of Governors on May
1, 2006.

In representing the Keenans, Respondent filed a timely
Notice of Appeal to the Court of Appeals but failed to file
a brief in the proceeding. Respondent’s failure to file a
brief prompted the opposing party to file a Motion to
Dismiss the Appeal. When Respondent did not respond to this
Motion to Dismiss, the Court of Appeals entered an Order
dismissing the Keenans’ appeal. Respondent was ordered to
inform the Court why she had failed to file a brief and
respond to the Motion to Dismiss, or in the alternative,
pay a $250 fine. In response, Respondent filed a Motion to
Reinstate the Appeal. The Court of Appeals denied
Respondent’s Motion to Reinstate and further imposed a $250
fine.

At this point, the Keenans filed a pro se motion to
reconsider the denial of the Motion to Reinstate their
appeal. The Keenans asserted that Respondent failed to
inform them of the status of their appeal and failed to
respond to their requests for information regarding the
appeal. The Court of Appeals entered an order reinstating
the appeal.

The Court also entered a Show Cause Order against
Respondent. Respondent failed to answer the Order, and on
October 2, 2003, the Court set a Show Cause hearing. The
hearing took place on November 5, 2003. At the hearing,
Respondent was found to be in contempt of court and was
fined $500, with such fine being suspended so long as she
complied with all future Orders of the Court. The Court of
Appeals further ordered that the KBA be notified of its
proceedings.

The Board of Governors voted 12 to 0 to find Respondent
guilty of the following charges, (1) failure to act with
reasonable diligence and promptness in representing a
client in violation of SCR 3.130-1.3; (2) failure to
communicate with her clients in violation of SCR
3.130-1.4(a); and (3) disobeying obligations to a tribunal
of the Commonwealth in violation of SCR 3.130-3.4(c).

II. Conclusion

The record in this case indicates clear noncompliance with
the rules of Respondent’s chosen profession. Respondent was
issued a private admonition on December 22, 2005, for
similar conduct. Upon the foregoing facts and charges, we
find sufficient evidence to adjudicate Respondent guilty of
all counts alleged in KBA File 11217. We further hold that
in light of Respondent’s conduct, the recommendation of the
KBA should be adopted. Therefore, it is ORDERED that:

1. Dana Lea B. Quesinberry, KBA Member No. 85504, is
adjudicated guilty of all charges alleged in KBA File 11217.

2. Dana Lea B. Quesinberry is publicly reprimanded for her
conduct.

3. Dana Lea B. Quesinberry is hereby suspended from the
practice of law in the Commonwealth of Kentucky for a period
of thirty (30) days, with such suspension to be probated
for a period of one (1) year on the condition that
Quesinberry attend four (4) hours of remedial ethics
training, to be approved by the Office of Bar Counsel, in
the area of case management.

4. In accordance with SCR 3.450, Respondent is directed to
pay all costs associated with these disciplinary
proceedings in the amount of $355.16 for which execution
may issue from this Court upon finality of this Order.

All concur.