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Thursday, April 21, 2011

Kentucky Supreme Court Suspends Leo Marcum, Former Legislator, Prosecutor From Inez.

Former legislator and prosecutor faces three year bar suspension
By Beth Musgrave

FRANKFORT — A former state legislator and prosecutor has been suspended from the practice of law for three years, the state Supreme Court ruled Thursday.

Leo Marcum, who is also facing charges of not paying state and federal income taxes, was suspended for three years on Thursday for mixing client money with his own money in an escrow account and not answering truthfully when asked by the Kentucky Bar Association about the money in his escrow account.

The Kentucky Bar Association obtained financial records of Marcum’s escrow account, which showed that Marcum was using the account to pay for her personal expenses as well as expenses relating to his client’s cases. Lawyers are not allowed to mix client money with office or personal funds. In its order, the Supreme Court noted Marcum’s lengthy disciplinary history.

Marcum has been publicly reprimanded twice and has received three private admonitions and was suspended once for 181 days, according to the order. And then Marcum has also been suspended for a year for mishandling client money.

Marcum pleaded not guilty in April to six felony counts for not paying state income taxes from 2004 to 2009. Marcum also faces charges in U.S. District Court in the Eastern District of Kentucky for not paying $1.3 million in back federal taxes. That case is still pending.

Marcum was a Republican state representative from Inez from 1978 to 1979. From 1987 to 2002, Marcum was Commonwealth Attorney in the 24th Judicial District, which covers Lawrence, Johnson and Martin counties.

Marcum was not immediately available for comment.

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