WHEREAS this court, in In re Pendergast, 245 Kan. 312,
776 P.2d 1202 (1989), placed respondent on probation with specific
conditions of supervision, and appointed James E. (Jeb) Benfer
III, Chairman of the Topeka Bar Association Impaired Lawyers
Committee, to supervise respondent during his probation; and
WHEREAS this court has received the reports required of Mr.
Benfer and the disciplinary administrator; therefore,
IT IS ORDERED that respondent's probation be continued on an
unsupervised basis for a period of one year from the date of this
order, and that respondent submit a written report to the
disciplinary administrator on a quarterly basis, i.e., January
1991, April 1991, July 1991, and October 1991, as to respondent's
progress concerning: (1) his alcoholism; (2) his repayment or
arrangements to repay the debt owed to the Fourth National Bank
(now Bank IV); and (3) his employment as an attorney.
IT IS FURTHER ORDERED that the disciplinary administrator shall
submit a report to this court at the end of one year and, upon
receipt of the report, this court shall upon notice make such
further order as justice may require.
IT IS FURTHER ORDERED that, in the event respondent fails to
abide by the conditions set out in its previous order and herein,
a show cause order may issue to the respondent, and this court
shall take whatever disciplinary action it deems just and proper
without further formal proceedings.
IT IS FURTHER ORDERED that this order shall be published in the
Kansas Reports and that the costs herein be assessed to the
Dated this 23rd day of October, 1990.
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