TO BE PUBLISHED 

nyrrittr (r-ourt qcfirnturkv 

2014-SC-000411-KB 

CLETUS MARICLE MOVANT 

V. IN SUPREME COURT 

KENTUCKY BAR ASSOCIATION RESPONDENT 

OPINION AND ORDER 

Movant, Cletus Maricle, 1admits to violating the Kentucky Rules of 

Professional Conduct and moves this Court to impose the sanction of 

permanent disbarment. The KBA has no objection to Maricle's motion. 

I. BACKGROUND 

Movant was convicted by a jury on March 24, 2010 of five felony counts, 

including violations of the Racketeer Influenced and Corrupt Organizations Act 

(RICO), 2money laundering conspiracy, aiding and abetting the obstruction of 

justice, voter fraud, and election fraud conspiracy. As a result, the Inquiry 

Commission charged Maricle with a violation of SCR 3.130-8.3(b) (now 

1Maricle, KBA No. 43900, was admitted to the practice of law in Kentucky on 

May 1, 1966. His bar roster address is 393 Circle Drive, Manchester, Kentucky 

40962. 

218 U.S.C. §§ 1961-68. 
renumbered as -8.4(b)) 3on July 8, 2010. Maricle then moved to have the 

matter held in abeyance until the underlying criminal matter was concluded. 

Maricle was sentenced to 320 months' imprisonment, which he appealed 

to the Sixth Circuit Court of Appeals. The Sixth Circuit vacated his convictions 

and remanded for a new trial. Ultimately, on November 6, 2013, Maricle 

entered a negotiated guilty plea to the RICO charge. He admitted that he and 

his associates accessed the Clay County Board of Elections in order to 

corruptly influence the outcome of elections. Furthermore, he confessed to 

providing cash to bribe voters with the understanding that his associates 

would ensure that the bribed voters cast their ballots as directed. Additionally, 

Maricle acknowledged that several of his associates received public works 

contracts (some of which were funded by federal grant money) by virtue of their 

participation in the election-fraud enterprise. Pursuant to his negotiated guilty 

plea, he was sentenced to time served, plus supervised release for two years (to 

include six months of home incarceration), 200 hours of community service, 

and no participation in the political process. 

Maricle admits that his actions were violations of SCR 3.130-8.4(b). 

Therefore, he requests that the Court grant him leave to resign from the KBA 

under terms of permanent disbarment pursuant to SCR 3.480(3). 4The KBA 

has no objection to Maricle's motion. 

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

4SCR 3.480(3) provides in pertinent part: 

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II. DISCIPLINE 

Based on his admitted ethical violations, Maricle requests that this Court 

grant him leave to resign from the KBA under terms of permanent disbarment. 

We agree that Maricle's motion to withdraw his membership is appropriate 

pursuant to SCR 3.480(3). Therefore, it is hereby ORDERED that: 

1. Cletus Maricle is permanently disbarred from the practice of law in 

the Commonwealth of Kentucky; 

2. In accordance with SCR 3.450, Maricle shall pay all costs associated 

with these proceedings, said sum being $105.50, for which execution 

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

and 

3. Pursuant to SCR 3.390, Maricle shall, within ten (10) days from the 

entry of this Opinion and Order, notify all clients, in writing, of his 

inability to represent them; notify, in writing, all courts in which he 

has matters pending of his disbarment from the practice of law; and 

furnish copies of all letters of notice to the Office of Bar Counsel. 

Any member who has been engaged in unethical or unprofessional 

conduct and desires to withdraw his membership under terms of 

permanent disbarment shall file a verified motion with the Court stating 

as follows: 

(a) He/she has violated the Rules of Professional Conduct, 

or his/her conduct fails to comply with those rules, the 

specifics of which shall be detailed in the motion. 

(b) He/she will not seek reinstatement and understands the 

provisions of SCR 3.510 and SCR 3.520 do not apply. 

(c) He/she will not practice law in the Commonwealth of 

Kentucky subsequent to the permanent disbarment order. 

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Furthermore, to the extent possible, Maricle shall immediately cancel 

and cease any advertising activities in which he is engaged. 

All sitting. All concur. 

ENTERED: September 18, 2014. 

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