TO BE PUBLISHED

2018-SC-000647- KB

LEAH STACY FINK MOVANT

V. IN SUPREME COURT

KENTUCKY BAR ASSOCIATION RESPONDENT

OPINION AND ORDER

Leah Stacy Fink 1 received a two-count charge of professional misconduct

stemming from two separate felony drug offense convictions in Clark County,

Indiana and Harrison County, Indiana. Fink was convicted in both cases and

was sentenced to eight years and one and one-half years in prison,

respectively, to run consecutively. The KBA charge accuses Fink of violating

SCR 3.130(8.4)(b). In the face of this charge, Fink moves this Court to enter an

order accepting her Motion for Consensual Discipline, and the KBA makes no

objection to the motion.

1 KBA Member Number 83980, bar roster address 480 East Ridge Road SE,

Corydon, IN 47112, was admitted to the practice of law in the Commonwealth of

Kentucky on October 17, 1991.I. KBA PILE 20109.

The first of the two-count KBA charge relates to a 2011 Harrison County,

Indiana, criminal case. On August 15, 2011, a confidential informant working

for the local Sheriffs Department conducted a controlled drug buy from Jeremy

Ripperdan, Fink ’ s then-boyfriend, which took place at Fink ’ s house. After the

transaction, a search warrant was executed on Fink ’ s house, and equipment

used in the manufacture of methamphetamine was discovered. Both Fink and

Ripperdan were arrested.

Fink was charged in Harrison County, Indiana with de alin g

methamphetamine, a Class B felony; possession of methamphetamine, a Class

D felony; maintaining a common nuisance, a Class D felony; unlawful

possession of syringe, a Class D felony; possession of two or more pre-cursors,

a Class D felony, and possession of drug paraphernalia and possession of

marijuana, both Class A misdemeanors.

On August 20, 2015, Fink was found guilty of all counts by a juiy and

was sentenced to serve eight years in the Indiana Department of corrections.

Fink exhausted the appeals process and her conviction was upheld. Fink ’ s

sentence was modified in December of 2016 so that the remaining balance

would be served on home detention, which concluded on February 21, 2018.

Fink remains on probation, which will conclude on Februaiy 21, 2020.

The second count relates to a 2014 Clark County, Indiana, criminal case

in which Fink was indicted for drug-related offenses while she was awaiting

tri al on the Harrison County charges. In June of 2014, the Jeffersonville Police

Department executed a search warrant on a house in which Ripperdan, who

2had recently reconnected with Fink, was temporarily living. After discovering

what was believed to be an active meth lab in a detached garage, officers were

informed by a neighbor that a cooler in the backyard contained additional

methamphetamine making materials and that the materials had exploded in

the trunk of a car located in the driveway which belonged to Fink. Officers

searched the trunk and discovered numerous items used to manufacture

methamphetamine

.

Fink acknowledged that she should not have had contact with

Ripperdan, given the conditions of her bond in the Harrison County case. She

maintains, however, that she was letting Ripperdan borrow her car at the time

the items were discovered and that she was unaware that Ripperdan was using

her car to transport drug-related items.

On June 17, 2014, Fink was indicted on charges of manufacturing

methamphetamine, a Class B felony; possession of methamphetamine

precursors, a Class D felony; and Maintaining a Common Nuisance, a Class D

felony. However, Fink pleaded guilty to one count of maintaining a common

nuisance, and the remaining counts were dismissed by agreement. Fink was

sentenced to one and one-half years ’ incarceration, which was later modified to

nine months of home incarceration, set to conclude in November of 2018.

Because of her August 20, 2015, conviction, Fink has been on automatic

temporary suspension from the practice of law in Kentucky. Fink was placed

on temporary suspension in Indiana on January 8, 2015, and resigned from

the Indiana Bar in August of 2015.

3Both counts of the KBA charge allege violations of SCR 3.130(8.4)(b),

which states 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

. . . . ” Fink violated this rule, in both

counts, when she committed the criminal acts that led to her convictions in

both the Harrison County and Clark County cases.

II. ANALYSIS.

Fink admits that she is guilty of the above ethical violations and moves

this Court to accept her Motion for Consensual Discipline. She urges us to

enter an Order suspending her license to practice law in the Commonwealth of

Kentucky for a period of five years, retroactive from August 20, 2015, or until

she has satisfied the terms of her criminal probation in Indiana, whichever

occurs first. The KBA has no objection to Fink ’ s Motion for Consensual

Discipline and requests that we order the proposed discipline.

In support of her Motion, Fink has provided proof of significant

mitigating circumstances. Fink has suffered significant health problems that

caused her to undergo numerous and frequent surgeries spanning from 1995

through March of 2015. In addition, Fink has shown her commitment to

rehabilitation from drug addiction through a successful treatment program, her

ongoing cooperation with Kentucky Lawyer Assistance Program ( “ KYLAP ” ), and

attendance at AA meetings. Fink has also been consistently employed as a legal

assistant in accordance with SCR 3.130(5.7) and had no record of disciplinary

conduct prior to the instant criminal proceedings.

4The KBA cites us to analogous case law in support of the proposed

discipline. First, in Kentucky Bar Association v. Embry, 2 Joel Embiy pleaded

guilty to second degree manslaughter and first-degree possession of a

controlled substance. 3 An investigation into his mother ’ s death had uncovered

that she was living in deplorable conditions in Embry ’ s home, as well as

evidence of his drug use. 4 Like Fink, Embiy showed extensive mitigation, had

no disciplinary history, and agreed to cooperate with KYLAP. Embry admitted

to violating SCR 3.130 (8.3)(b), 5 and received a five-year suspension. 6

In Bertram v. Kentucky Bar Association, 7 Bertram was charged with a

second felony case in 2003 after being temporarily suspended for a criminal

conviction in 2002, all for drug-related offenses. 8 Bertram agreed to

cooperating with KYLAP and the parties agreed to a suspension for five years or

until Bertram ’ s criminal probation ended whichever occurred first. 9

Finally, in Wade v. Kentucky Bar Association, 10 Wade entered into two

felony diversions

— one related to his representation of a client where he

admitted to violating SCR 3.130(1.4)(a), 1.15(a) and (b), 8.4(b) and (c); the other

2 152 S.W.3d 869 (Ky. 2005).

3 Id. at 870.

4 Id. at 871.

5 That rule is now SCR 3.130(8. 4)(b).

6 152 S.W.3d at 871-72.

7 126 S.W.3d 358 (Ky. 2004).

8 Id. at 358-59.

9 Id. at 359.

10 498 S.W.3d 783 (Ky. 2016).

5for drug offenses, where he admitted to again violating SCR 3.130(8. 4)(b). 11

Like Fink, Wade showed commitment to treating his alcohol and drug

addiction. 12 Wade was suspended by negotiated sanctions for four years and

six months, retroactive from the date of his automatic suspension, or until he

satisfied the terms of his pretrial diversions, whichever occurred last. 13

After reviewing the allegations, Fink ’ s previous disciplinary record, her

willingness to cooperate with KYLAP, her consistent employment, and the cases

cited by Bar Counsel, this Court concludes that the discipline proposed by

Fink, and agreed to by the KBA, is appropriate. Accordingly, we grant Fink ’ s

Motion.

Accordingly, the Court ORDERS:

1) Movant, Leah Stacy Fink, KBA Number 83980, 480 East Ridge Road SE,

Corydon, IN 47112, is adjudged guilty of violating SCR 3.130(8. 4)(b) as

charged in KBA File 20109;

2) Fink is suspended from the practice of law for five years, retroactive from

August 20, 2015, or until she has satisfied in full the terms and

conditions of the criminal proceedings in the Harrison County Court,

Indiana, set out

in Count 1 of the Charge, whichever event first occurs;

3) Fink must continue participation in KYLAP, on such terms and

conditions as KYLAP may determine, and must execute, and maintain in

effect, a release in favor of the Office of Bar Counsel so that the Office of

11 Id. at 784.

12 Id. at 785.

13 Id.

6Bar Counsel may obtain status report information concerning Fink ’ s

participation in KYLAP;

4) In the event Fink violates the terms of her criminal probation, the Office

of Bar Counsel may seek to revoke the disciplinary suspension imposed

and may seek the permanent disbarment of Fink;

5) As required by SCR 3.390, Fink must, if she has not already done so,

within 10 days after issuance of this order of suspension from the

practice of law for more than 60 days, notify, by letter duly placed with

the United States Postal Service, all courts or other tribunals in which

she has matters pending, and all clients of her inability to represent

them and of the necessity and urgency to promptly obtain new counsel.

Fink must simultaneously provide a copy of all such letters of

notification to the Office of Bar Counsel. Fink shall immediately cancel

any pending advertisements, to the extent possible, and must terminate

any advertising activity for the duration of the term of suspension;

6) Fink is instructed promptly to take all reasonable steps to protect the

interests of her clients. She must not, during the term of suspension,

accept new

clients or collect unearned fees, and she shall comply with

the provisions of SCR 3.130-7.50(5);

77) Fink must pay the costs of these proceedings pursuant to SCR 3.450.

Minton, C.J.; Hughes, Keller, Lambert, VanMeter and Wright, JJ., sitting.

All concur.

ENTERED: Februaiy 14, 2019.

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