Opinion
No. 125,292
03-14-2023
In the MATTER OF Terrence J. MALONE, Petitioner.
ORDER OF REINSTATEMENT
On October 14, 2022, this court suspended Terrence J. Malone's license to practice law in Kansas for a period of 90 days. The court did not order Malone undergo a full reinstatement hearing prior to its consideration of any petition for reinstatement. See In re Malone, 316 Kan. 488, 518 P.3d 406 (2022) ; see also Supreme Court Rule 232 (2023 Kan. S. Ct. R. at 293) (procedure for reinstatement after suspension).
On January 20, 2023, Malone filed a petition for reinstatement. The Office of the Disciplinary Administrator (ODA) responded that it could not certify that Malone had fully complied with Supreme Court Rule 231 (2023 Kan. S. Ct. R. at 292), or that Malone should be reinstated to the practice of law. Accordingly, the ODA moved for a reinstatement hearing under Rule 232(d)(2) (2023 Kan. S. Ct. R. at 294). Malone responded that he does not object to a reinstatement hearing, but he asked the court to set time limits for the reinstatement proceedings.
After careful consideration of the record, the court denies the ODA's motion for a reinstatement hearing and notes Malone's response. While the ODA's cited concerns may be grounds for a new disciplinary complaint, the court finds them insufficient to necessitate a reinstatement hearing. The court grants Malone's petition for reinstatement and orders Malone's license to practice law in Kansas reinstated.
The court further orders Malone to pay all required reinstatement and registration fees to the Office of Judicial Administration (OJA) and to complete all continuing legal education requirements. See Supreme Court Rule 812 (2023 Kan. S. Ct. R. at 609) (outlining CLE requirements following reinstatement). The court directs that once the OJA receives proof of Malone's completion of these conditions, the OJA must add Malone's name to the roster of attorneys actively engaged in the practice of law in Kansas.
Finally, the court orders the publication of this order in the official Kansas Reports and the assessment of all costs herein to Malone.
Biles and Standridge, JJ., not participating.