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KENTUCKY BAR ASSOCIATION 

V. IN SUPREME COURT 

BYRON KEMP HOWARD 

DAT 

RESPONDENT 

DC 

OPINION AND ORDER 

Respondent, Byron Kemp Howard, was admitted to the practice of law in 

the Commonwealth of Kentucky on June 4, 1979. His Kentucky Bar 

Association (KBA) number is 33590 and his bar roster address is 219 West 

Chester Avenue, Middlesboro, Kentucky, 40241. 

The KBA's Board of Governors (Board) considered two counts against 

Howard in this disciplinary matter arising out of Respondent's involvement in 

the manufacturing of methamphetamine. The charges reached the Board as a 

default case pursuant to SCR 3.210(1) 1after Respondent failed to respond to 

the Inquiry Commission's initiation of a two count Complaint resulting from 

1 SCR 3.210(1) provides: "If no answer is filed after a Respondent is notified, the 

Inquiry Commission shall order the record, together with such investigative evidence 

as may have been obtained, to be submitted to the Board." 
the criminal conviction. Respondent had also failed to respond to the 

Commission's initial investigatory inquiries. With two members recusing, the 

remaining Board members unanimously found Howard guilty of both counts. 

As a consequence of his violations of our Rules of Professional Conduct, the 

Board recommends that this Court permanently disbar Howard from the 

practice of law. 

Pursuant to SCR 3.370(7), after the Board of Governors files its decision 

with the Disciplinary Clerk, either Bar Counsel or the Respondent may file a 

notice of review with this Court. If neither party files a notice of review (as is 

the case here), this Court has two options: (1) under SCR 3.370(8) we may 

inform Bar Counsel and Respondent that we will review the decision and order 

the parties to file briefs, or (2) under SCR 3.370(9) we may enter an order 

adopting the decision of the Board. Upon review, under the circumstances of 

this case, we elect to exercise our authority under SCR 3.370(9) and adopt the 

recommendation of the Board. 

I. BACKGROUND 

On March 9, 2015, the Respondent entered an Alford plea of guilty 

before the Knox Circuit Court in Commonwealth v. Howard, (Case No. 11-CR128), to one count of Manufacturing Methamphetamine, 1st offense, a Class B 

felony. Pursuant to SCR 3.166, 2Howard was suspended from practicing law 

2SCR 3.166(1) provides: "Any member of the Kentucky Bar Association who pleads 

guilty to a felony, including a no contest plea or a plea in which the member allows 

conviction but does not admit the commission of a crime, or is convicted by a judge or 

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the following day by operation of law. In accordance with his plea agreement, 

Respondent was sentenced to ten years' imprisonment, to be probated for 

three years. 

As a result of Appellant's conviction for involvement in the 

manufacturing of methamphetamine, the Inquiry Commission authorized a 

Complaint to be filed against the Respondent on May 11, 2015. The 

investigative letter was mailed to Howard by the Disciplinary Clerk on May 13, 

2015, but was later returned to Bar Counsel with the notations "Unclaimed" 

and "Unable to Forward". Bar Counsel subsequently sent the Complaint to 

Respondent at two additional addresses it acquired for him, but these packages 

were also returned. Service was ultimately completed by service on the 

Executive Director of the Kentucky Bar Association, pursuant to SCR 3.175(2) 

which provides that every member of the bar is deemed to have appointed the 

Director as that member's agent for service of any document that is required to 

be served upon that member. No response was ever presented. 

As a result of Respondent's criminal conviction the Inquiry Commission 

filed a two count charge against the Respondent. The charges asserted a 

violation of: 

Count I: SCR 3.130-8.4(b): "It is professional misconduct for a lawyer 

to commit a criminal act that reflects adversely on the lawyer's honesty, 

trustworthiness or fitness as a lawyer in other respects . . ." as a result of 

the manufacturing methamphetamine conviction; and 

jury of a felony, in this State or in any other jurisdiction, shall be automatically 

suspended from the practice of law in this Commonwealth." 

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Count II: SCR 3.130-8.1(b): a lawyer shall not "knowingly fail to 

respond to a lawful demand for information from an admissions or 

disciplinary authority . . ." for Respondent's failure to respond to the 

Inquiry Commission's initial investigative inquiries as described above. 

The KBA made similar unsuccessful efforts to serve the Complaint on 

Respondent as described above, and again was obliged to resort to constructive 

service under SCR 3.175(2) to effect service of process upon Respondent; 

Respondent again failed to answer or otherwise respond to the Complaint, and 

thus the proceeding progressed, and is now before us, as a default case under 

SCR 3.210. 

II. ANALYSIS 

The record discloses that in reaching its recommendation for disciplinary 

action, the Board considered all pertinent facts and circumstances, including 

but not limited to the severity of the conduct and the potential for harm to the 

profession caused thereby; the board then voted 17-1 for permanent 

disbarment (suspension for five years was also discussed and considered as 

another degree of discipline but was rejected). Based upon our review of the 

record, the severity of the conduct engaged in, and our disciplinary precedent 

for charges of a similar nature, we agree with the sanction suggested by the 

Board and accordingly adopt its recommendation to permanently disbar Byron 

Kemp Howard from the practice of law in this Commonwealth. 

III. ORDER 

It is therefore ORDERED that: 

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1) Respondent, Byron Kemp Howard, KBA Number 33590, 219 West 

Chester Avenue, Middlesboro, Kentucky 40965, is permanently 

disbarred from the practice of law in the Commonwealth of Kentucky. 

Disbarment shall commence on the date of entry of this order. 

2) Pursuant to SCR 3.390, and to the extent that he has not done so as a 

result of his prior suspension, Respondent shall notify in writing, all 

courts in which he has matters pending of his suspension from the 

practice of law, and notify in writing all clients of his inability to 

represent them and of the necessity and urgency of promptly retaining 

new counsel. "Such notification shall be by letter duly placed in the 

United States mail within ten days of the date of this Opinion and Order. 

Respondent shall simultaneously provide a copy of all such letters to the 

Office of Bar Counsel. Furthermore, to the extent possible and 

necessary, Respondent shall immediately cancel and cease any 

advertising activities in which he is engaged; and 

3) Respondent is directed to pay all costs associated with these disciplinary 

proceedings against him, said sum being $201.98 for which execution 

may issue from this Court upon finality of this Opinion and Order. 

All sitting. All concur. 

ENTERED: August 25, 2016 

CHI JUSTICE JUSTICE 

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