CABELL D. FRANCIS, II
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER Cabell D. Francis II moves to withdraw his membership from the Kentucky BarAssociation ("KBA") under terms ofpermanent disbarment pursuant to Supreme Court Rule ("SCR") 3.480(3). Movant has been suspended from the practice oflaw since August 31, 2014.1 The KBA has no objection to Francis's motion to withdrawunder terms ofpermanent disbarment. Upon review ofthe record, we find that Francis should be permanently disbarred and grant his motion to withdrawunder terms of permanent disbarment. Francis whose last known bar roster address is 101 Lancaster Street, Stanford, KY 40484, was admitted to the practice oflaw in the Commonwealth ofKentucky in 1976. On March 28, 2016, Francis was indicted for theft by unlawful taking,

1 In August 2014, Franciswas suspended from the practice oflawfor 181 days for violation ofthe Rules ofProfessional Conduct. Kentucky BarAss'n v. Francis, 439 S.W.3d 750 (Ky. 2014). Subsequently, in December 2015, Franciswas suspended for an additional 60 days, withthat sentence to run consecutivelytohis August 2014, suspension. Kentucky BarAss'n v. Francis, 476 S.W.3d 892 (Ky. 2015). Francis remains suspended from thepractice oflaw.

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## \value over $10,000.00, and knowing exploitation ofan adult, resulting in a loss ofmore than $300.00. Subsequently, Francis negotiated a plea agreement with the Commonwealth in which he would plead guilty to the amended charges oftheft by unlawful taking, value over $500.00, and wanton or reckless exploitation ofan adult, resulting in a loss ofmore than $300.00, in exchange for receiving pretrial diversion. As part ofhis plea the Commonwealth required Francis to agree to payrestitution to Ronald H. Bradleyin the amount of$33,050.28 and also resign his license to practice law in the Commonwealth ofKentucky. Accordingly, Francishas filed a motion to resign under terms of permanent disbarment pursuant to SCR 3.480(3). In his motion, Francis admitted that his criminal conductwould be sufficient to warrant permanent disbarment. Further, Francis acknowledges that upon entry by this Court of
an Order ofdisbarment he will never again practice law in the Commonwealth ofKentucky. The KBA has no objection to Francis's motion to withdraw under terms ofpermanent disbarment. Upon examination ofthe record in this case and Francis's admission ofunethical conduct, we find disbarment to be the appropriate sanction and grant Francis's motion. Accordingly, itis hereby ORDERED: 1. Cabell D. Francis, II, is permanentlydisbarred from the practice of law in the.Commonwealth ofKentucky; 2. Pursuant to SCR 3.450, Cabell D. Francis II is directed to pay all costs associated with these disciplinary proceedings in the amount of$37.50,
2for which execution may issue from this Courtupon final~ty ofthis Opinion and Order; and 3. Pursuant to SCR 3.390, Cabell D. Francis, II, shall, within ten (10) days from the entry ofthis 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 ofhis disbarment from the practice oflaw; and furnish copies ofall letters ofnotice to the Office ofBar Counsel. Furthermore, to the extent possible, Francis shall immediately cancel and cease any advertising activities in which he is engaged. All sitting. All concur. ENTERED: September 22, 2016.

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