TO BE PUBLISHED 

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2016-SC-000483-KB 

JUSTIN NEAL O'MALLEY MOVANT 

KBA MEMBER NO. 94125 

V. IN SUPREME COURT 

KENTUCKY BAR ASSOCIATION RESPONDENT 

OPINION AND ORDER 

Pursuant to SCR 3.480(2), Movant, Justin Neal O'Malley, moves this 

Court to impose a 181-day suspension from the practice of law for his admitted 

violations of the Rules of Professional Conduct. The Kentucky Bar Association 

(KBA) has no objection to this negotiated discipline. 

Finding this agreed upon disciplinary sanction to be appropriate under 

the facts of this case, we grant Movant's motion. Movant's KBA member 

number is 94125 and his bar roster address is 1011 Hanly Lane, Frankfort, 

Kentucky 40601. Movant was admitted to the practice of law in the 

Commonwealth of Kentucky on May 2, 2011. 

KBA FILE 23785 

On November 7, 2014, Movant represented to a U.S. Bankruptcy Judge 

that he would repay fees to two clients after he failed to appear for their 
hearings. Movant later claimed that he refunded the fees but failed to comply 

with the bankruptcy court's order to file an affidavit regarding payment prior to 

a hearing on December 4, 2015. The court sanctioned Movant as a result and 

he was subsequently prohibited from filing any bankruptcy cases for 180 days 

after making additional misrepresentations to the court and the bankruptcy 

trustee concerning the repayment of the fees. 

It was eventually revealed that Movant did not have sufficient personal 

funds to repay his clients. Movant admitted during a deposition that his 

checking account was already overdrawn when he wrote the checks to his 

clients when the trustee found a discrepancy in his statements after reviewing 

his bank records. Movant also admitted that he lacked sufficient knowledge in 

the practice of bankruptcy law and agreed not to file any bankruptcy cases for 

five years. 

As a result, Movant was subsequently charged with violating Supreme 

Court Rule ("SCR") 3.130(1.1) (competency); and SCR 3.130(1.16)(d) (duties 

upon termination of representation); SCR 3.130(3.3)(a)(1) (making a false 

statement of fact to a tribunal); SCR 3.130(3.4)(c) (disobeying an obligation to a 

tribunal); SCR 3.130(8.4)(c) (dishonesty). On March 17, 2016, Movant was 

suspended from the practice of law for thirty (30) days and has not been 

reinstated. 

Movant now moves this Court to impose a 181-day suspension from the 

practice of law for his admitted violations of the Rules of Professional Conduct. 

The KBA has no objection to the proposed discipline, which 

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was negotiated pursuant to SCR 3.480(2). The KBA specifically cites that 

Movant possesses extensive mitigating evidence such as physical and mental 

impairments. The KBA further notes that Movant has sought counseling for 

alcohol abuse and mental health issues, and is currently cooperating with the 

Kentucky Lawyer's Assistance Program (KYLAP). Upon review of the facts in 

this case and relevant case law, we find the proposed discipline is appropriate. 

See, e.g., KBA v. Rowsey, 334 S.W.3d 105 (Ky. 2011). 

Accordingly, it is hereby ORDERED that: 

1. Movant, Justin Neal O'Malley, KBA Member No. 94125, is found guilty of 

the above-described and admitted violations of the Rules of Professional 

Conduct; 

2. Movant is suspended from the practice of law in the Commonwealth of 

Kentucky for a period of 181 days effective from the entry of this Opinion 

and Order; 

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

result of his prior suspension, Movant 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. Movant shall 

simultaneously provide a copy of all such letters to the Office of Bar 

Counsel. Furthermore, to the extent possible and necessary, Movant 

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shall immediately cancel and cease any advertising activities in which he 

is engaged; 

4. Movant shall cooperate with the conditions of his treatment plan with 

KYLAP; and 

5. Pursuant to SCR 3.450, Movant is directed to pay all costs associated 

with these disciplinary proceedings for which execution may issue from 

this Court upon finality of this Opinion and Order. 

All sitting. All concur. 

ENTERED: October 20, 2016. 

CHI(9b"/a17' JUSTICE 

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