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2014-SC-000498-KB U U
KENTUCKY BAR ASSOCIATION MOVANT
V. IN SUPREME COURT
JOHN SCOTT BENTON RESPONDENT
OPINION AND ORDER
Respondent, John Scott Benton, KBA Member No. 89449, has been
charged in KBA File No. 22243 with violating SCR 3.130-3.4(c) as a result of
failing to appear at a scheduled court date. 1 Respondent maintains a bar
roster address at 201 Price Road #205, Lexington, Kentucky 40511. The Board
of Governors found Respondent.guilty in a vote of 20-0 and recommends he be
suspended from the practice of law for 181 days to run consecutively to any
other suspension. The Respondent did not file an answer contesting the
charges; the case went to the Board as a default case pursuant to SCR 3.210.
Respondent was arrested in Fayette County and charged with the felony
offense of receiving stolen property, $10,000.00 or more. At his arraignment
on September 24, 2013 he entered a not guilty plea. Respondent was
scheduled in the same case to appear again in court on October 14, 2013,
1 "[A lawyer shall not] knowingly disobey an obligation under the rules of a
tribunal except for an open refusal based on an assertion that no valid obligation
exists[.]" SCR 3.130-3.4(c).
however he failed to do so. He has provided no explanation for his failure to
appear, and his current whereabouts are unknown; a bench warrant has been
issued for his arrest. An Inquiry Commission Complaint was filed in January
2014, and mailed to Respondent at his bar roster address but was returned
undeliverable and unable to forward. Respondent filed no response. 2
In another disciplinary matter recently addressed by this Court, 3
4 for which he
RespondtwafugilyvotnSCR3.10-84(b), was
suspended from the practice of law for 181 days. Respondent was also ordered
to complete a KYLAP referral and assessment and comply with any
recommendations by KYLAP. At this point, neither the KBA's Office of Bar
Counsel nor Respondent have sought review by the Court under SCR 3.370(7),
and this Court declines to undertake review pursuant to SCR 3.370(8).
While we respect the Board's recommendation for another 181-day
suspension running consecutively to Respondent's current suspension, we
decline to follow it. Given Respondent's prior disciplinary action and his
current suspension, together with the seriousness of the felony offense
2The charge which was sent via certified mail to Respondent's bar roster
address was returned as unclaimed. Service of the charge 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.
3 KBA Case (No. 19824), Kentucky Bar Association v. John Scott Benton, 2014
WL 5393940 (Ky. 2014), in which we imposed a 181-day suspension upon Respondent
after finding him guilty of two counts of misconduct stemming from his pleas of guilty
to one count of second-degree wanton endangerment and one count of fourth-degree
assault. Evidence in that case disclosed that Respondent had aggressively accelerated
his car toward another person, then after exiting the vehicle, he brandished a
handgun and struck the person on the head.
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).
2
underlying this disciplinary matter and his apparently flagrant disregard for
the dignity of the court in which his criminal case is pending, the Kentucky Bar
Association, and this Court, we decline at this time to fix a definite term for his
suspension from the practice of law in Kentucky. Instead, we now determine
that Respondent should be suspended from the practice of law indefinitely.
We acknowledge that our rules do not expressly provide indefinite
suspension as a final disciplinary sanction, although we have ordered
indefinite suspensions as part of our orders imposing reciprocal discipline. 5
Wedontrgahisfldjucatonhemr.Rspdnt'
indefinite suspension shall remain in effect pending further review by this
Court upon motion of Respondent accounting for his failure to respond and
requesting a final determination, upon motion of the Kentucky Bar Association
for a final disposition, or upon the Court's own motion.
ORDER
ACCORDINGLY, IT IS ORDERED THAT:
1. Respondent, John Scott Benton is found guilty of knowingly
disobeying an obligation under the rules of a tribunal pursuant to
SCR 3.130-3.4(c);
2. Benton is suspended from the practice of law indefinitely;
3. As required by SCR 3.390, Benton will, if he has not already done so,
within 10 days after issuance of this order of suspension from the
5 We have ordered indefinite suspensions as part of our orders imposing
reciprocal discipline required by SCR 3.435(4), where an indefinite suspension was
ordered by another jurisdictions. See e.g., Kentucky Bar Association v. Leksan, 424
S.W.3d 421 (Ky. 2014); Kentucky Bar Association v. Emerson, 303 S.W.3d 108 (Ky.
2010); Kentucky Bar Association v. Streckfus, 291 S.W.3d 239 (Ky. 2009).
3
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.
4. 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).
5. In accordance with SCR 3.450, Benton is directed to pay all costs
associated with these disciplinary proceedings against him, said sum
being $338.67, for which execution may issue from this Court upon
finality of this Opinion and Order.
All sitting. All concur.
ENTERED: December 18, 2014.
4
Kentucky Bar Association v. John Scott Benton
Combined Opinion