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In re Brooks

February 1, 2008

IN THE MATTER OF PHILLIP A. BROOKS, RESPONDENT.


Per curiam.

ORIGINAL PROCEEDING IN DISCIPLINE

Original proceeding in discipline.

Published censure.

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Phillip A. Brooks, of Kansas City, Missouri, an attorney admitted to the practice of law in Kansas. The formal complaint filed against the respondent alleged violations of Kansas Rules of Professional Conduct (KRPC) 8.4(b) (2007 Kan. Ct. R. Annot. 559) (misconduct).

A hearing was held before a panel of the Kansas Board for Discipline of Attorneys. Upon the conclusion of the hearing, the panel made the following findings of fact and conclusions of law together with its recommendations to this court:

"FINDINGS OF FACT

"The Hearing Panel finds the following facts, by clear and convincing evidence:

"1. Phillip A. Brooks (hereinafter 'the Respondent') is an attorney at law, Kansas Attorney Registration No. 16399. His last registration address with the Clerk of the Appellate Courts of Kansas is . . . Kansas City, Missouri. . . . The Missouri Supreme Court admitted the Respondent to the practice of law in 1993. The Kansas Supreme Court admitted the Respondent to the practice of law in 1994.

"2. [In] March 2005, the United States Attorney filed an Information in the United States District Court for the Western District of Missouri. . . . [T]he Respondent was charged with willfully failing to pay income taxes for tax year 2000 to the Internal Revenue Service in violation of 26 U.S.C. § 7203, class A misdemeanor.

"3. When he learned that he was going to be charged criminally, the Respondent self-reported the misconduct to the disciplinary authorities in Kansas and Missouri.

"4. On October 31, 2005, the Respondent entered a plea of guilty to the criminal charge. The Court placed the Respondent on probation for a period of three years. The amount of unpaid tax at issue was $29,198.00. The Respondent has paid the outstanding tax obligation as well as accrued interest and penalties.

"5. On February 13, 2006, the Disciplinary Administrator's office received information from Kimberly Schmidt, a Disciplinary Assistant in Missouri, that the Respondent had been disciplined as a result of the misdemeanor conviction. In an Order dated January 31, 2006, the Missouri Supreme Court found that the Respondent violated Missouri Rules of Professional Conduct §§ 4-8.4(b), (c), and (d). The Missouri Supreme Court ordered that the Respondent's license to practice law be suspended. However, the Missouri Supreme Court placed the Respondent on probation. The Respondent's probation continues through February 1, 2009.

"CONCLUSIONS OF LAW

"1. Based upon the findings of fact, the Hearing Panel concludes as a matter of law that the Respondent violated ...


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