## Facts

- In 1987, John J. Guidugli entered an Alford plea to misdemeanor endangering the welfare of a minor under KRS 530.060.
- The court imposed a one-year sentence conditionally discharged for two years, with conditions including surrendering a teaching certificate, avoiding coaching or supervising juveniles, obtaining sex-offender counseling, and not serving as a foster parent.
- The court ordered the record sealed as a juvenile court record, subject to further court orders and limited disclosure circumstances.
- In applying for Kentucky bar admission for the 1993 bar exam, Guidugli was asked whether he had ever been charged with, convicted of, or pleaded guilty/no contest to a felony or non-traffic misdemeanor, and whether he had violated any law other than minor traffic offenses.
- Guidugli did not disclose the 1987 plea or related proceedings on the character and fitness application.
- After admission, Guidugli worked in a county attorney’s office and was assigned to the juvenile division.
- The omission became known after public reporting prompted by the victim.

## Issues

1. Whether Guidugli violated SCR 3.130-8.1(a) and (b) by knowingly giving a false answer and failing to disclose a material fact on his bar admission character and fitness application.
2. Whether the sealed status of the juvenile court record excused nondisclosure to bar authorities.
3. Whether the recommended discipline of a 30-day suspension with reinstatement conditioned on a character and fitness evaluation was appropriate.

## Decision

- The Supreme Court of Kentucky adopted the Board of Governors’ finding that Guidugli violated SCR 3.130-8.1(a) and (b).
- The court ordered Guidugli suspended from the practice of law for 30 days.
- Reinstatement was conditioned on the results of a character and fitness evaluation.

## Legal Principles

- SCR 3.130-8.1 prohibits knowingly making a false statement of material fact, and knowingly failing to disclose a fact necessary to correct a known misapprehension, in connection with bar admission matters.
- Broad character-and-fitness questions require full disclosure of non-traffic criminal charges and convictions; an omission within the scope of the questions is treated as a false answer and a material nondisclosure.
- A sealed or juvenile-court record does not eliminate a bar applicant’s duty of candor to bar authorities during the confidential admission process.
- Lack of candor in bar admission matters warrants discipline even when the underlying misconduct is remote in time; the deception may be treated as a serious professional violation independent of the prior offense.
- Sanctions may include both a suspension and conditions for reinstatement aimed at reassessing the lawyer’s character and fitness.

## Conclusion

The court imposed discipline because Guidugli knowingly failed to disclose a prior misdemeanor plea and related proceedings on his bar application, holding that record sealing did not excuse nondisclosure and that candor in the admission process is essential; it ordered a 30-day suspension and required a character and fitness evaluation before reinstatement.


Kentucky Bar Ass’n v. Guidugli, 967 S.W.2d 587 (Ky. 1998)