State Chief Disciplinary Counsel recommends disbarment of Joplin attorney

Joplin attorney Kevin Cure has two days left to respond to a show cause order explaining why he should not be disciplined and perhaps even disbarred in Missouri following disciplinary action that was taken against him in Kansas in 2024.

Disbarment is the recommendation of Laura Elsberry, chief disciplinary counsel for the Missouri Supreme Court.

Her motion for reciprocal discipline was filed April 17 in the Supreme Court.

The motion was filed following an investigation into disciplinary action taken against Cure, the former Galena city attorney, by the Kansas Supreme Court.

The formal complaint against Cure, 61, filed by the Office of the Disciplinary Administrator, said he was guilty of violations involving scope of representation, diligence, communication, declining or terminating representation and professional misconduct. Cure did not deny any of the allegations.

The allegations, which were detailed in the ruling's findings of fact, included Cure failing to represent his client in Cherokee County District Court, leaving drunken messages on the client's voicemail, failing to file court documents, including a signed plea agreement for the client and then taking months to send the client his court files after the client decided to represent himself.

Cure's suspension went into effect May 3, 2024.

Cure's Missouri license was suspended in 2018 after he pleaded guilty earlier that year to his third driving while intoxicated conviction. The license was reinstated in 2021.

The chief disciplinary counsel's motion suggests Cure's problems run deeper than what was included in the Kansas findings.

Not only did Respondent have a prior suspension, he was currently on a monitoring agreement with KLAP (Kansas Lawyers Assistance Program) and on probation with this Court. Both required Respondent to abstain from drinking. Respondent was not abiding by the agreements. During oral arguments before the Kansas Supreme Court. Respondent admitted he continued to drink and that he was not attending AA meetings.

The motion noted Cure has not been in touch with his Missouri probation monitor since November 30, 2023.

 The motion concludes with Elsberry making her case for the strongest sanction possible against Cure.

In addition, this Court typically adheres to a practice of applying progressive discipline when imposing sanctions for attorney misconduct. 

This Court has already suspended Respondent's license once, and he has been on probation since December of 2020. 61. ABA Standard 8.0 discusses enhanced sanctions for a lawyer who has been subject to prior discipline. 

It provides that a lawyer subject to prior discipline who engages in further misconduct presents such a serious risk as to warrant special consideration under the ABA Standards. 

More specifically, it states, that absent other aggravating or mitigating 12 circumstances, disbarment is generally the appropriate discipline when a lawyer who has been suspended for misconduct lmowingly engages in further similar acts of misconduct. 

Thus, Informant suggests that this Court should disbar Respondent.