,Suprrittr (Court of eTcfirtFuri BAIL 

2014-SC-000157-KB 

DATE7-1-141 Lu AG-rc44.441> -cJAMES K. MURPHY MOVANT 

V. IN SUPREME COURT 

KENTUCKY BAR ASSOCIATION RESONDENT 

OPINION AND ORDER 

The Movant, James K. Murphy, under SCR 3.480(2), moves this Court to 

enter an Order resolving the pending disciplinary proceeding against him (KBA 

File No. 21770) by imposing a public reprimand with conditions (including that 

the reprimand can be converted into a 61-day suspension if Movant fails to 

comply with the conditions). This motion is the result of an agreement with Bar 

Counsel for the Kentucky Bar Association. For the following reasons, the 

motion is granted. 

Movant was admitted to the practice of law in the Commonwealth of 

Kentucky on October 22, 1993; his KBA member number is 84900. Movant's 

bar roster address is 312 S. 4th St., Suite 700, Louisville, Kentucky 40202. 

Movant acknowledges the following facts. 

On February 9, 2013, Movant was arrested for aggravated DUI, third 

offense. (Movant had two prior DUI convictions, one in June 2008 and one in 

March 2011.) After the arrest, he contacted KYLAP and executed a two-year 

supervision agreement. He has remained compliant with that agreement, 

participating in counseling and unannounced urinalysis tests (with no adverse 
results). In his motion, he acknowledges that he has issues with alcohol and 

states that he sought KYLAP assistance out of an earnest desire to maintain 

his sobriety. 

On June 28, 2013, Movant pleaded guilty to the offense, which is a class 

A misdemeanor under KRS 189A.010(5)(c). Movant did not, however, provide 

the Office of Bar Counsel with a copy"of the judgment upon his conviction, as 

required by SCR 3.320. 1 

In January 2014, the Inquiry Commission issued a two-count charge 

against Movant alleging a violation of SCR 3.130-3.4(c) 2for not complying with 

SCR 3.320 and a violation of SCR 3.130-8.4(b) 3by committing aggravated DUI, 

third offense. Movant now admits that his conduct violated these Rules of 

Professional Conduct. 

The Movant now asks this Court to enter an order in conformity with his 

negotiations with the KBA's Office of Bar Counsel. The proposed sanction is a 

public reprimand with the conditions that Movant comply with the terms of the 

supervision agreement with KYLAP and submit quarterly status reports to the 

SCR 3.320 states: "Any member of the Association who is convicted of a felony 

or class "A" misdemeanor, shall within 10 days following the plea of guilty, finding of 

guilt by a judge or jury, or upon the entry of judgment, whichever occurs first, file a 

copy of the judgment with Bar Counsel. The prosecuting attorney shall also file a copy 

of said judgment with Bar Counsel for action under SCR 3.160. Bar Counsel shall 

submit copies of the judgment to the Inquiry Commission which may take action 

under SCR 3.165." 

2"A lawyer shall not ... knowingly disobey an obligation under the rules of a 

tribunal except for an open refusal based on an assertion that no valid obligation 

exists ...." SCR 3.130-3.4(c). 

3"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 ...." SCR 3.130-8.4(b). 

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Office of Bar Counsel for a period of two years following this order. Movant also 

has agreed that if he fails to comply with the conditions, the Office of Bar • 

Counsel may move this Court to convert the reprimand to a 61-day suspension 

from the practice of law. Additionally, Movant agrees that his reprimand can be 

converted into a 61-day suspension if he receives a charge of professional 

misconduct for any conduct discovered or occurring after entry of this order. 

The Office of Bar Counsel has no objection and asks that the motion be 

granted. Bar Counsel cites two cases that support the proposed sanction. See 

King v. Kentucky BarAss'n, 377 S.W.3d 541 (Ky. 2012) (imposing public 

reprimand, with two-year probationary period with conditions the violation of 

which would convert public reprimand into 61-day suspension, for DUI, third 

offense); Lyons v. Kentucky BarAss'n, 381 S.W.3d 317 (Ky. 2012) (converting 

private reprimand for DUI, second offense, to public reprimand upon 

subsequent conviction for DUI, third offense). 

According to the KBA, the Chair of the Inquiry Commission and a Past 

President of the KBA have reviewed and approved the sanction proposed by the 

Movant. The Movant has no history of past discipline. 

The negotiated sanction rule provides that "[t]he Court may consider 

negotiated sanctions of disciplinary investigations, complaints or charges if the 

parties agree." SCR 3.480(2). Specifically, "the member and Bar Counsel [must] 

agree upon the specifics of the facts, the rules violated, and the appropriate 

sanction." Id. Upon receiving a motion under this Rule, "[t]he Court may 

approve the sanction agreed to by the parties, or may remand the case for 

hearing or other proceedings specified in the order of remand." Id. Thus, 

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acceptance of the proposed negotiated sanction still falls within the discretion 

of the Court. After reviewing the allegations, the Movant's previous disciplinary 

record, and the cases cited by Bar Counsel, this Court concludes that the 

discipline proposed by Movant is adequate. 

Order 

ACCORDINGLY, IT IS ORDERED THAT: 

1. The Movant, James K. Murphy, is found guilty of the above-described 

and admitted violations of the Rules of Professional Conduct. 

2. The Movant is publicly reprimanded for his misconduct, on the 

condition that Movant comply with the terms of his existing 

supervision agreement with KYLAP and submit quarterly status 

reports to the Office of Bar Counsel for a period of two years following 

this order. 

a. If Movant fails to comply with the condition, the Office of Bar 

Counsel may move this Court to convert the reprimand to a 61-

day suspension from the practice of law. 

b. This reprimand can also be converted into a 61-day suspension 

if Movant receives a charge of professional misconduct for any 

conduct discovered or occurring during the two-year period 

immediately following entry of this order. 

3. In accordance with SCR 3.450, Movant is directed to pay all costs 

associated with these disciplinary proceedings against him, said sum 

being $86.19, for which execution may issue from this Court upon 

finality of this Opinion and Order. 

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All sitting. All concur. 

ENTERED: June 19, 2014. 

ustice 

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