In the Matter of Kevin T. Cure, Respondent.
Original proceeding in discipline.
Matthew J. Vogelsberg, Deputy Disciplinary Administrator,
argued the cause, and Stanton A. Hazlett, Disciplinary
Administrator, was with him on the formal complaint for the
Stephen B. Angermayer, of Fern & Angermayer, L.L.C., of
Pittsburg, argued the cause, and Kevin T. Cure, respondent,
argued the cause pro se.
an original proceeding in discipline filed by the office of
the Disciplinary Administrator against the respondent, Kevin
T. Cure, of Joplin, Missouri, an attorney admitted to the
practice of law in Kansas in 1991.
31, 2018, the office of the Disciplinary Administrator filed
a formal complaint against the respondent alleging violations
of the Kansas Rules of Professional Conduct (KRPC). The
respondent did not file an answer; he filed a proposed
probation plan on September 7, 2018. A joint stipulation
signed by respondent and the office of the Disciplinary
Administrator was filed September 18, 2018. A hearing was
held on the complaint before a panel of the Kansas Board for
Discipline of Attorneys on September 21, 2018, where the
respondent was personally present and represented by counsel.
The hearing panel determined that respondent violated KRPC
8.4(b) (2019 Kan. S.Ct. R. 387) (commission of a criminal act
reflecting adversely on the lawyer's honesty,
trustworthiness, or fitness as a lawyer); 8.4(d) (misconduct
prejudicial to the administration of justice); 8.4(g)
(misconduct that adversely reflects on the lawyer's
fitness to practice law); and Supreme Court Rule 203(c)(1)
(2019 Kan. S.Ct. R. 240) (failure to report felony charge).
conclusion of the hearing, the panel made the following
findings of fact and conclusions of law, together with its
recommendation to this court:
"Findings of Fact
"9. The Missouri Supreme Court admitted the respondent
to the practice of law in the State of Missouri in October,
1990. The Kansas Supreme Court admitted the respondent to the
practice of law in the State of Kansas in April, 1991.
"10. In 2014, the respondent was arrested for driving
while intoxicated. On September 18, 2014, the respondent
entered a plea of guilty, the court suspended the imposition
of the sentence, and the court placed the respondent on
"11. In 2016, the respondent served as the city attorney
for Galena, Kansas.
"12. On March 11, 2016, the respondent was scheduled to
appear in municipal court as the municipal prosecutor. The
respondent drove to the courthouse while intoxicated. The
municipal court judge, a defense attorney, the mayor, and the
police chief all witnessed the respondent's demeanor and
concluded he was intoxicated.
"13. After the mayor and the police chief spoke with the
respondent, they confirmed that he was impaired. The
respondent did not enter the courtroom. Because of the
respondent's impairment, he did not appear in court on
behalf of the city that day. The mayor drove the respondent
back to his home.
"14. The judge and a defense attorney filed disciplinary
complaints against respondent for coming to the courthouse
intoxicated and for being unable to represent the city in
court as scheduled that day.
"15. On March 29, 2016, the respondent was arrested in
Joplin, Missouri, for driving while intoxicated. At the time
of his arrest, the respondent remained on probation for the
2014 driving while intoxicated conviction.
"16. Following the respondent's March 29, 2016,
arrest, the respondent resigned as the Galena city attorney.
"17. On March 30, 2016, with the assistance of KALAP,
the respondent entered treatment at Valley Hope.
"18. In the respondent's written response to the
complaints filed by the judge and a defense attorney, the
respondent admitted to being intoxicated when he arrived at
Municipal Court on March 11, 2016. The respondent also
acknowledged his March 29, 2016, arrest for driving while
"19. On July 27, 2016, the respondent was arrested in
Joplin, Missouri, for driving while intoxicated and driving
with a revoked or suspended driver's license. Again, the
respondent remained under court supervision for the 2014
driving while intoxicated case at the time of this arrest.
Additionally, the respondent was on bond for the March, 2016,
"20. The respondent was scheduled to appear before
Cherokee County District Magistrate Judge Samuel J. Marsh, on
behalf of 10 clients on July 28, 2016, for a docket involving
juvenile offender and child-in-need-of-care cases. Because
the respondent remained incarcerated from his arrest the
previous night, the respondent did not appear before Judge
Marsh on behalf of his clients.
"21. On August 1, 2016, Judge Marsh forwarded a
complaint against the respondent for his failure to appear on
behalf of his 10 clients on July 28, 2016. In his letter,
Judge Marsh noted that the respondent failed to contact the
court to explain the reason for his absence. Judge Marsh,
however, was aware of the respondent's July 27, 2016,
arrest for driving while intoxicated and assumed that
respondent's incarceration was the reason for his failure
to appear in court.
"22. On August 11, 2016, the respondent was convicted of
driving while intoxicated based on the March 29, 2016, arrest
in Joplin, Missouri. The court sentenced the respondent to 30
days in jail, suspended the execution of the sentence, and
placed the respondent on probation. As part of the probation
order, the court required the respondent to refrain from
violating the law.
"23. On September 7, 2016, the respondent entered
treatment with Bradford Health Services.
"24. On September 21, 2017, the respondent was arrested
for driving while intoxicated in Jasper County, Missouri.
Based on respondent's prior history, he was charged as a
persistent offender, a class E felony. A persistent offender
is defined under Missouri law as a person who has been found
guilty of 'two or more intoxication-related offenses
committed on separate occasions.' Mo. Rev. State. §
577.001(18)(a). At the time of the respondent's
September, 2017, arrest, he was on probation for the
conviction stemming from the March, 2016, arrest. Also, the
respondent was on bond for the July, 2016, arrest.
"25. Rule 203(a)(1) requires Kansas attorneys to report
felony charges to the disciplinary administrator within 14
days. The respondent failed to report the felony ...