" In the disciplinary proceeding entitled In re Price, 238 Kan. 426, 709 P.2d 986 (1985), we stated: "As County Attorney of Allen County, respondent was primarily responsible for the prosecution of a sixteen-count criminal indictment against Nathaniel J. `Yorkie' Smith. Throughout the preparation, discovery proceedings and trial of the case, respondent repeatedly failed to abide by discovery orders issued by the court, made repeated misrepresentations to the judge and defense counsel and failed to furnish statements of witnesses and other evidence to defense counsel even though under a court order to do so.
See People v. Green, 405 Mich. 273, 274 N.W.2d 448 (1979). See, however, Matter of Price, 238 Kan. 426, 709 P.2d 986 (1985) for more than conduct in just one case, but see State v. Smith, 245 Kan. 381, 781 P.2d 666 (1989). This case provides an ordinary but predominating example of non-action.
This original action in discipline was filed by the office of the Disciplinary Administrator against Douglas A. Price of Humboldt. Respondent has been the subject of several prior disciplinary proceedings and has been suspended from the practice of law in Kansas since July 9, 1985. In re Price, 237 Kan. 624, 701 P.2d 1337 (1985); In re Price, 238 Kan. 426, 709 P.2d 986 (1985). The instant complaint is based upon respondent's representation, or lack thereof, in the matter of the Estate of Merle K. Bagnall, deceased, in the District Court of Allen County. After being notified of the complaint filed against him, respondent totally failed to respond or to cooperate with the office of the Disciplinary Administrator. He failed to appear before the panel of the Board for Discipline of Attorneys and failed to appear before this court when ordered to do so.