TO BE PUBLISHED
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2014-SC-000399-KB U
KENTUCKY BAR ASSOCIATION
DATE \X-44 %-k E-3'‘AQ'4").c
MOVANT
V. IN SUPREME COURT
JOHN SCOTT BENTON RESPONDENT
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association (KBA) has
recommended that John Scott Benton be found guilty of two counts of
misconduct and be suspended from the practice of law for 181 days and be
referred to the Kentucky Lawyer Assistance Program (hereinafter "KYLAP").
Benton was admitted to the practice of law in the Commonwealth of
Kentucky on October 11, 2002; his KBA member number is 89449; his bar
roster address is 201 Price Road, #205, Lexington, Kentucky 40511.
KBA Case No. 19824 arises from a guilty plea entered by Benton in
Fayette Circuit Court on February 17, 2012, to one count of second-degree
wanton endangerment (reduced from an original felony count of first-degree
wanton endangerment) and one count of fourth-degree assault, both of which
are Class A misdemeanors. The charges relate to an altercation between
Benton and his then girlfriend that occurred around 2:00 a.m. on May 14,
2011, near the corner of Short and Market Streets in Lexington. After Benton
reportedly quickly and aggressively accelerated his car toward the victim, he
exited his vehicle brandishing a semiautomatic handgun. According to
witnesses, Benton then struck the victim in the head with either the pistol or a
closed fist, knocking her unconscious.' Benton was sentenced to 12 month
terms of imprisonment for both counts, to run concurrently, with the sentence
probated for two years subject to various conditions, including that he be
assessed for substance abuse and complete any recommended treatment,
submit to physical examination and random drug testing, and continue with
his recovery program.
On May 31, 2012, the Inquiry Commission filed a complaint pursuant to
SCR 3.160(2), and Benton's counsel filed a response. 2
On April 12, 2013, Probation Officer James Hamblin filed an affidavit
with the circuit court stating that Benton had violated probation conditions by
testing positive for marijuana, and requesting that his probation be revoked.
The court found that Benton violated the conditions of his probation, but
permitted him to continue probation under the same conditions. Benton was,
however, required to serve two weekends at the Fayette County Detention
Center for the violation.
On July 3, 2013, Officer Hamblin filed another affidavit stating that
Benton had violated the conditions of probation by failing to report to his
1 Upon entering his guilty plea, Benton acknowledged only that he had struck
the victim across her chest with his arm and no mention was made of the presence of
a handgun. The victim was unconscious when police arrived, however, and a
semiautomatic 9-mm pistol was found in Benton's glove box.
2 Benton was initially issued private admonitions with conditions pursuant to
SCR 3.185 for this complaint as well as the complaint in KBA Case No. 20289,
discussed below. The Inquiry Commission proceeded with these formal disciplinary
procedures due to Benton's failure to comply with the conditions of his probation as
discussed herein.
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probation officer as directed, which Benton admitted was the result of having
resumed using marijuana. Officer Hamblin again requested revocation, but the
court allowed probation to continue with the same conditions while adding the
requirement that, on August 16, 2013, Benton enter and complete the Hope
Center Program.
On October 2, 2013, Officer Hamblin again filed an affidavit seeking
revocation of Benton's probation for additional violations, including failure to
complete the Hope Center Program due to discharge for noncompliance, failure
to report an arrest to his probation officer, 3 and absconding probation
supervision. Benton's whereabouts at that time were unknown.
On January 9, 2014, the Inquiry Commission issued a one-count charge
of professional misconduct against Benton, alleging violation of SCR 3.130-
8.4(b). 4
The separate events leading to Benton's second charge, KBA Case No.
20289, transpired in the meantime.
On August 2, 2012, Benton entered a guilty plea in Fayette Circuit Court
to terroristic threatening, third-degree, which is a Class A misdemeanor. The
charge arose from threatening text messages and voicemails Benton sent to an
18-year-old male high school student who had been bullying Benton's
daughter. Benton was sentenced to sixty days imprisonment with credit for
time served, and he has served his time.
3 According to Officer Hamblin's affidavit, Benton was arrested on September
23, 2013, and charged with receiving stolen property.
4 "It is professional misconduct for a lawyer to: . . . (b) commit a criminal act
that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer
in other respects[.]" SCR 3.130-8.4(b).
3
The Inquiry Commission filed a complaint pursuant to SCR 3.160(2) on
September 17, 2012. Benton's counsel filed a response. 5
On December 27, 2013, the Inquiry Commission issued a one-count
charge of professional misconduct for violation of SCR 3.130-8.4(b).
Benton filed no response to either charge. 6 As a result, this matter was
submitted to the Board of Governors as a default case.
The Board voted unanimously, 16-0, to find Benton guilty of both
counts. After this vote, the Board considered Benton's lack of any prior
disciplinary history or other suspensions, withdrawals or resignations of his
membership in the KBA. In light of Benton's conduct, the Board voted
unanimously to recommend a 181-day suspension, referral to KYLAP, and
payment of the costs of this proceeding.
At this point neither the KBA's Office of Bar Counsel nor Benton have
sought review by the Court under SCR 3.370(7), and this Court declines to
undertake review pursuant to SCR 3.370(8). 'Therefore, the Board's
recommendation is hereby adopted pursuant to SCR 3.370(9).
Order
ACCORDINGLY, IT IS ORDERED THAT:
1. John Scott Benton is found guilty of the above-described and
admitted violations of the Rules of Professional Conduct.
2. Benton is suspended from the practice of law for 181 days.
5 See supra n.2.
6 Both charges sent via certified mail to Benton's bar roster address were
returned as unclaimed. Service of the charges was ultimately made upon the
Executive Director of the KBA, who under SCR 3.175(2) is designated as Benton's
agent for service of process since he could not be reached by other means.
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3. Benton shall complete a KYLAP referral and assessment and comply
with any recommendations by KYLAP.
4. As required by SCR 3.390, Benton will, within 10 days after issuance
of this order of suspension from the practice of law for more than 60
days, notify, by letter duly placed with the United States Postal
Service, all courts or other tribunals in which he has matters pending,
and all clients of his inability to represent them and of the necessity
and urgency to promptly obtain new counsel. Benton shall
simultaneously provide a copy of all such letters of notification to the
Office of Bar Counsel. Benton shall immediately cancel any pending
advertisements, to the extent possible, and shall terminate any
advertising activity for the duration of the term of suspension.
5. As stated in SCR 3.390(a), this order shall take effect on the 10th day
following its entry. Benton is instructed to promptly take all
reasonable steps to protect the interests of his clients. He shall not,
during the term of suspension, accept new clients or collect unearned
fees, and he shall comply with the provisions of SCR 3.130-7.50(5).
6. In accordance with SCR 3.450, Benton is directed to pay all costs
associated with these disciplinary proceedings against him, said sum
being $465.17, for which execution may issue from this Court upon
finality of this Opinion and Order.
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All sitting. All concur.
ENTERED: October 23, 2014.
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