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246 Kan. 178

787 P.2d 1201

In Re Schmidt

Supreme Court of Kansas

Decided March 2, 1990

Supreme Court of Kansas · decided 1990-03-02

Cited by 6 later decisions — most recently April 1997

6 state decisions

Key passage — most relied on by later courts

““In Schmidt , the respondent voluntarily surrendered her- license to practice after having 1) forged a deceased client’s signature to his will; 2) forged the signatures of the witnesses to the will; 3) notarized the forged signatures; 4) offered the forged will for probate; 5) transported witnesses to testify in support of the will; and 6) attempted to settle the matter in part to avoid disclosure of the forgeries. The court denied respondent’s petition for reinstatement citing the panel’s findings that the respondent had committed very serious ethical violations. “The most significant differences between Schmidt and this case are the following: “1. Ms. Schmidt forged the signature of the decedent and the witnesses and then offered the document for probate. She falsely signed a document purporting to be the will.of a decedent, which it was not. The facts set out in the affidavit to which respondent signed his client’s name had been verified by the client and were consistent with deposition testimony already before the court. “2. The effect of Ms. Schmidt’s acts, had she been successful, would have been to cause an invalid will to be probated, changing the disposition of the decedent’s assets and damaging other persons. There was really no effect whatsoever caused by the acts of the respondent. “3. Ms. Schmidt attempted to secure perjured testimony. “4. Ms. Schmidt not only did not attempt to remedy her misconduct, she tried to cover it up. Respondent took remedial measures wi”

quoted by 2 later decisions, including In Re Grant, In Re Caller

Relies on State v. Russo · 8 Kan. App. 2d 640 - Fidelity Savings Ass'n v. Witt · In re Schmidt

Good law ✅— No negative treatment on recordhow we know

Decided 1990-03-02

View the full empirical analysis of this case →

Per Curiam,-.

¶1 On May 31, 1983, the petitioner, Nancy J. Schmidt, voluntarily surrendered her certificate to practice law. On the 21st day of June, 1983, the surrender was accepted by this court, her certificate to practice law was voided, and petitioner’s name was stricken from the roll of attorneys. In re Schmidt, 233 Kan. 724, 665 P.2d 1108 (1983).

¶2 On December 9, 1988, Ms. Schmidt filed a petition with this court pursuant to Supreme Court Rule 219 (1989 Kan. Ct. R. Annot. 139), seeking reinstatement to practice law in Kansas. The petition was referred to the disciplinary administrator for consideration by a panel of the Board for Discipline of Attorneys. Hearings were held on September 7, 1989, in Topeka, and on September 18, 1989, in Wichita, Kansas.

¶3 On December 12, 1989, the panel filed its report summarizing the evidence presented, together with the panel’s findings and recommendations. The panel unanimously recommended that the petition for reinstatement to the practice of law in Kansas be denied. The petitioner filed exceptions to the report and, pursuant to Supreme Court Rule 219(d), the matter is deemed submitted for consideration by this court.

¶4 The reason for Ms. Schmidt’s surrender of her certificate to practice law in Kansas are set out in the petition for reinstatement and in the report of the panel and need not be reiterated in detail here. The panel found that petitioner (1) forged a deceased client’s signature to his will, (2) forged the signatures of the witnesses to the will, (3) notarized the forged signatures, (4) offered the forged will for probate, (5) transported witnesses to testify in support of the will, and (6) attempted to settle the matter in part to avoid disclosure of the forgeries.

¶5*179 In State v. Russo, 230 Kan. 5, Syl. ¶ 4, 630 P.2d 711 (1981), this court set forth eight factors to be considered in a reinstatement proceeding. Those factors are not all-inclusive but were noted by the hearing panel in reaching its recommendations in the present case. The petitioner took exception to several of the findings by the panel. Although there was conflicting testimony as to those particular findings, we find there was substantial evidence to support the findings of the panel. Because the panel found that the petitioner had committed very serious ethical violations, it unanimously recommended that the petition for reinstatement be denied.

¶6 The court, after carefully considering the record, accepts the recommendation of the panel and finds that Nancy J. Schmidt’s petition for reinstatement should be and is hereby denied.

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