On Friday, July 15, 2022, the Supreme Court of Idaho issued an Opinion regarding the Hearing Committee’s Findings of Fact, Conclusions of Law, and Recommendation in relation to the formal complaint against St. Boise attorney Vernon K. Smith Jr. concerning three counts of misconduct.

The ruling suspends Smith from law practice for two years and he is required to take and pass the Multistate Professional Responsibility Exam before reinstatement and to pay $30,248.82 in attorney fees and costs to the Idaho State Bar.

The case titled Idaho v. Vernon K. Smith, Jr. was brought by the Idaho State Bar. Docket No. 49155.

The charges cited Smith’s violation of Rules 1.7(a)(2), 2.1, 5.4(a), 5.4(d), 8.4(c), and 8.4(d) of the Idaho Rules of Professional Conduct.

The Rules of Professional Conduct can be found on Idaho State Bar’s website.

According to the filing:

“The suspension was effective August 8, 2022, the date the Court issued its Remittitur. The Court’s Opinion followed a contested hearing held by a Hearing Committee (“Committee”) of the Professional Conduct Board, which found clear and convincing evidence that Mr. Smith violated Idaho Rule of Professional Conduct (“I.R.P.C.”) 1.7(a)(2), 2.1, 5.4(a), 5.4(d), 8.4(c) and 8.4(d).”

The Hearing Committee concluded:

“Smith engaged in a pattern of conduct beginning as early as 2006 and continuing through 2020 which has interfered with the administration of justice by failing to timely file federal and state tax returns for the years 2006 through 2015. This conduct continued until the Idaho State Bar filed this Formal Charge proceeding in September of 2020. Although Smith claimed it was impossible to properly report his income due to a variety of excuses, within approximately two months of the filing of this Formal Charge, Smith late-filed his federal and state tax returns for the years 2006 through 2015. Smith’s failure to timely file federal and state tax returns for the years 2006 through 2015 establishes a pattern of repeated conduct which indicates an indifference to Smith’s legal obligations which is prejudicial to the administration of justice and is a violation of IRPC 8.4(d).”

Respondent timely appealed the case to the Supreme Court of Idaho arguing that the Committee’s decisions were not supported by clear and convincing evidence and further stated that the recommended sanctions were inappropriate.

The Court affirmed the Hearing Committee’s findings of fact but imposed a sanction over and above that recommended by the Committee, stating among others:

“The Committee’s determination that Smith’s failure to file tax returns was prejudicial to the administration of justice is supported by clear and convincing evidence, not clearly erroneous, or arbitrary and capricious. . . Smith delayed filing until the Bar complaint was filed against him, and then glibly testified he considered this as a “no harm, no foul” situation. His actions not only harm the esteem to which all members of the Bar must be held, but they are also truly foul.”

“The violations committed by Smith are substantial and appalling. Even in his appeal before this Court, Smith has shown no contrition or remorse and refuses to accept responsibility for his actions. Instead, he seeks to recast blame, claiming “the only ‘prejudicial act’ to ‘justice’ has been Joseph’s efforts to undermine and destroy the intentions of [Victoria], defaming and defying her intentions, and once again—stealing from [him].” We view this shocking lack of personal accountability as a highly aggravating circumstance.

Accordingly, the Court ordered that Mr. Smith be suspended from the practice of law for five years, with two years of that suspension withheld upon Mr. Smith being granted permission to reinstate to active status after three years. The Court ordered that before Mr. Smith will be eligible for reinstatement, he must satisfy all licensing and disciplinary requirements under Idaho Bar Commission Rule, and must pass the MPRE with a score of at least 85 or its equivalent.

Mr. Vernon K. Smith, Jr. has practiced in Boise, Idaho where he maintained the Law Office of Vernon K. Smith, PC. He has been licensed in Idaho. His info can be found on Avvo.

A copy of the original filing can be found here.