Disciplinary Actions Search
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From the Summer 2018 Journal
David H. Caffey of Winston-Salem surrendered his law license and was disbarred by the Wake County Superior Court. Caffey admitted that he misappropriated entrusted funds in an amount in excess of $3,655.
Junius A. Crumpler of Raleigh surrendered his law license and was disbarred by the Wake County Superior Court. Crumpler admitted that he practiced law while his law license was suspended; did not refund an unearned fee; intentionally made false misrepresentations to his client, to a tribunal, and to the Grievance Committee; did not properly maintain entrusted funds; obtained property by false pretenses; and engaged in conduct prejudicial to the administration of justice.
Robert F. Garner of Greensboro surrendered his law license and was disbarred by the Wake County Superior Court. Garner admitted that he misappropriated entrusted funds totaling at least $9,470.70. He also did not properly reconcile his trust account, properly label disbursements, or maintain accurate client ledgers.
James M. Shelton of Burlington surrendered his law license and was disbarred by the State Bar Council. Shelton admitted that he misappropriated entrusted funds in an amount in excess of $4,000 and made material misrepresentations to a client and to the State Bar.
Suspensions & Stayed Suspensions
Amy E. Allred of Sherrill’s Ford and formerly of Forsyth County did not comply with a court order requiring her to submit to a psychological evaluation and a substance abuse assessment, filed frivolous lawsuits against numerous judges who played roles in her personal domestic cases, neglected and failed to communicate with clients, and charged clearly excessive fees. She was suspended by the Disciplinary Hearing Commission for two years. The suspension is stayed for two years upon compliance with numerous conditions.
Jesse W. Jones of Lillington yelled and cursed at opposing counsel and opposing parties and was otherwise disruptive on multiple occasions. The DHC suspended him for one year. The suspension is stayed for three years upon compliance with numerous conditions.
Kevin Kennedy of Chapel Hill disbursed more entrusted funds on behalf of a client than he held in trust for the benefit of that client, thereby utilizing other clients’ entrusted funds for an unauthorized purpose, did not reconcile his trust account, maintained inaccurate client ledgers, and commingled his personal funds with entrusted funds. The DHC suspended him for two years. The suspension is stayed for three years upon compliance with numerous conditions.
Lisa Page of Charlotte held entrusted funds in an earnest money account that she did not identify or manage as a trust account and violated numerous other trust accounting rules. She was suspended by the DHC for two years. The suspension is stayed for two years upon compliance with numerous conditions.
Bryon M. Smith of Jacksonville violated multiple trust accounting rules. He was suspended by the DHC for two years. The suspension is stayed for two years upon compliance with numerous conditions.
The chair of the DHC entered an interim suspension of the law license of David R. Payne of Marshall. Payne pled guilty in federal court to the felony offense of knowingly making false statements for the purpose of influencing a federally insured lending institution in violation of 18 U.S.C. § 1014.
Harry Marsh of Charlotte was censured by the Grievance Committee. He represented homeowners in a foreclosure proceeding. Marsh caused a business entity he controlled to submit a sham short sale bid to the bank for the purpose of delaying the bank’s efforts to foreclose. Neither Marsh nor the business entity ever intended for the short sale bid to be consummated. Marsh engaged in deceitful conduct toward the bank, engaged in conflicts of interest, and made misleading statements to the Grievance Committee.
Scott Shelton of Hendersonville was censured by the Grievance Committee. He did not respond to a client whose home warranty premium was not paid, did not take corrective action when he became aware of the problem, and misrepresented his identity to the client on the telephone.
Todd J. Farlow of Mooresville was reprimanded by the Grievance Committee. Farlow notarized a signature on a deed of trust falsely certifying that the document was signed by a person who appeared before him. Farlow recorded the deed of trust. He pled guilty to misdemeanor common law uttering.
Robert A. Garner IV of Pinehurst was reprimanded by the Grievance Committee. He misrepresented to a magistrate that the prosecutor who dismissed criminal charges brought by his client did not oppose refiling the charges. He also made untruthful statements to the Grievance Committee.
Richard B. Schultz of Gastonia did not respond to questions from trust account compliance counsel after a random audit, did not respond to the Grievance Committee, did not properly reconcile his trust account, and did not promptly remove earned fees from the trust account. He was reprimanded by the DHC.
Jeffrey S. Miller of Jacksonville was reprimanded by the DHC. Miller agreed that his client would not file a Bar grievance against the client’s former counsel if the former counsel paid money to settle a dispute.
Transfers to Disability Inactive Status
The chair of the Grievance Committee transferred Powell W. Glidewell IV of Newland and Lorie Cramer of Denver, Colorado, to disability inactive status.
Reinstatements from Disability Inactive Status
In March 2008, Joan Elizabeth Spradlin of Asheville was transferred to disability inactive status by the chair of the Grievance Committee. She was reinstated to active status by the DHC.
Stays of Existing Suspensions
In April 2016 the DHC suspended the law license of John M. Holmes of Raleigh for three years, but stayed the suspension upon compliance with extensive conditions, including participation in real-time alcohol monitoring requiring Holmes to submit to multiple daily breathalyzer tests. The State Bar initiated a show cause proceeding because, during the first three and a half months following entry of the DHC order, Holmes missed at least 45 days of testing. The DHC activated the suspension in January 2017. The order provided that, after serving three months of the active suspension, Holmes could petition for a stay of the balance upon demonstrating compliance with the conditions of the order. The DHC granted his petition for stay.
In November 2016 the DHC suspended Shaun L. Hayes of Asheboro. Hayes engaged in dishonest conduct by submitting an agreement bearing a false, handwritten signature in support of his response to a fee dispute petition and denying to the Grievance Committee that he handwrote the signature. He was suspended for two years. After serving one year of the suspension, he was eligible to apply for a stay of the balance upon demonstrating compliance with conditions. Hayes was reinstated by the DHC.
In October 2016 the DHC suspended R. Kelly Calloway, formerly of Connelly Springs, for four years for failing in multiple years to file federal and state tax returns and to pay federal and state taxes. After serving one year of the suspension, Calloway was eligible to petition for a stay of the balance. The DHC denied Calloway’s motion for a stay and imposed modified and/or additional conditions he must satisfy to qualify for a stay of the suspension.
Tracey Cline was the elected district attorney of Durham County until she was removed from office pursuant to N.C. Gen. Stat. §7A-66. In June 2015, Cline was suspended by the DHC for five years for filing pleadings containing false and outrageous statements about a judge and making false representations in court filings in an attempt to obtain confidential prison visitation records. After she served two years of the suspension, Cline was eligible to petition for a stay of the balance upon demonstrating compliance with enumerated conditions. Cline filed a petition for a stay but did not appear at the hearing on that petition. On the date the DHC denied the first petition, Cline filed a second petition. Cline appeared for the hearing on the second petition. The DHC denied the second petition.
Stayed Suspensions Activated
In September 2015 the DHC suspended Jeffrey D. Smith of Charlotte for two years for violating trust accounting rules. The suspension was stayed for three years. In November 2016, after concluding that Smith was not in compliance with the conditions of the stay, the DHC imposed additional conditions and extended the stay. In March 2018 the DHC concluded that Smith was still not in compliance with the conditions and activated the two year suspension. After he serves one year of active suspension, Smith will be eligible to apply for a stay of the balance upon demonstrating compliance with all conditions.
Orders of Reciprocal Discipline
The chair of the Grievance Committee issued an order of reciprocal discipline disbarring Philip M. Kleinsmith of Colorado Springs, Colorado. The Colorado court disbarred Kleinsmith after concluding that he billed for and received payment from a client for title services performed by a third party and knowingly converted the funds to pay other law firm expenses rather than paying the title company.
The chair of the Grievance Committee issued an order of reciprocal discipline suspending J. Ronald Denman of Tampa, Florida, for 30 days. The Florida Supreme Court concluded that he engaged in a conflict of interest and committed actions inconsistent with orderly judicial proceedings. The suspension of Denman’s North Carolina license was deemed to have run concurrently with the suspension of his Florida license, from November 18 through December 19, 2016.
Notice of Intent to Seek Reinstatement
In the Matter of Joseph Lee Carlton Jr.
Notice is hereby given that Joseph Lee Carlton Jr. of Raleigh intends to file a petition for reinstatement before the Disciplinary Hearing Commission of the North Carolina State Bar. Carlton was disbarred effective September 24, 2013, and surrendered his license by consent on September 23, 2013, as part of a plea agreement and whereby he pled guilty to a misdemeanor offense of knowingly preparing false HUD-1 Settlement Statements. The statements did not accurately show the disbursements in certain FHA insured real estate transactions, in violation of 18 U.S.C. Section 1012, in the US District Court for the Eastern District of NC on March 6, 2014.
Individuals who wish to note their concurrence with or opposition to these petitions should file written notice with the secretary of the North Carolina State Bar, PO Box 25908, Raleigh, NC, 27611, before August 1, 2018 (60 days after publication).