On Wednesday, February 10, 2023, the Supreme Court of Kansas ordered the public censure of Attorney Mitchell J. Spencer over a misdemeanor traffic case.

The case, titled In the Matter of Mitchell J. Spencer was brought by Matthew J. Vogelsberg, Chief Disciplinary Administrator, Case #125,500.

The charges cited violations of the Kansas Rules of Professional Conduct 8.4(c), 8.4(g) which state:

Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation

Engaging in any other conduct that adversely reflects on the lawyer’s fitness to practice law

Allegedly, the Respondent committed misconduct by falsely stating that he was not aware that his accident at a golf club had caused any damage to either the truck or the golf cart. He left the golf cart without attempting to notify anyone of the accident, knowing that the accident had caused damage to the truck and the golf cart. He also told Police Chief Health that he was not aware that the accident had caused damage to either the golf cart or the truck.

The filing states that:

Respondent engaged in deceptive practices when he submitted his initial response to the disciplinary complaint. Respondent’s initial response failed to acknowledge the full extent of the damage the collision caused to the golf cart and truck. Furthermore, respondent gave the impression un his response that he had timely notified B.S. and B.H. of the accident

The Disciplinary Administrator provided the respondent with adequate notice of the formal complaint. The Disciplinary Administrator also provided the respondent with adequate notice of the hearing before the panel, but he waived that hearing after entering into the summary submission agreement.

The filing continues:

In this case, we already have found clear and convincing evidence that the respondent violated

KRPC 8.4(c) (engaging in conduct involving dishonesty)during his interview with police Chief Tracy Heath by falsely stating that he was not aware that his accident at the golf club had caused any damage to either the truck or the golf cart; and

KRPC 8.4(g) (engaging in any other conduct that adversely reflects on the lawyer’s fitness to practice law)when he left the golf club without attempting to notify anyone of the accident, knowing that the accident had caused damage to the truck and the golf car

The public office held by the respondent was an assistant county prosecutor. But the respondent’s misconduct did not occur in the scope of executing his official duties of public office, so he cannot be said to have abused his public office.

The disposition states:

The parties agree, and clear and convincing evidence establishes, the respondent committed a misdemeanor that involved dishonesty, fraud, deceit, or misrepresentation which adversely reflected on his fitness to practice law but did not seriously adversely reflect on his fitness to practice law.

Thus, we hold that published censure is an appropriate sanction. A minority of the court would impose the jointly agreed to the recommended discipline of a 90-day suspension with the suspension being stayed while the respondent is placed on probation for one year.

Mr. Spencer is licensed to practice law in Kansas. His info can be found here. 

A copy of the original filing can be found here.