TO BE PUBLISHED
,$nprrtttr (Court of cifitttfurkv
2016-SC-000238-KB
JOHN KNOX BENINTENDI MOVANT
KBA MEMBER NO. 86671
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER
Applicant, John Knox Benintendi, was admitted to the practice of law in
the state of Ohio on November 14, 1994, and in the Commonwealth of
Kentucky on May 1, 1997. His bar roster address is 3374 Indian Court,
Hamilton, OH 45011, and his Kentucky Bar Association (KBA) Member
Number is 86671. He withdrew from the KBA on August 14, 2003, pursuant to
an Order of the Supreme Court of Kentucky. On October 22, 2015, Movant
applied for restoration of his license to practice law in Kentucky.
Applicant has maintained his license to practice law in the State of Ohio
since his admission to the Ohio Bar Association. Chief Bar Counsel of the KBA
reported that the Applicant has no diciplinary actions filed against him and
that he has not been the subject of any claims against the Client Security
Fund. In addition, the Director of Continuing Legal Education of the KBA
certified that Applicant obtained the maximum number of CLE credits required
for restoration under SCR 3.685. Applicant submitted Affidavits from three
practicing attorneys in the Commonwealth who all attested to Applicant's
character and supported his restoration. Applicant paid all requisite
application fees and posted a bond in the amount of $2,500.00. Pursuant to
SCR .3.500(3), Applicant's Application for Restoration was submitted to the
Character and Fitness Committee which found that Applicant conducted
himself appropriately and engaged in no conduct which would disqualify him
for readmission.
The Board of Governors reviewed the entire record, including the matters
leading up to Applicant's withdrawal from the practice of law; the subsequent
events; the findings of the Character and Fitness Committee; the position of
Bar Counsel; and the record of the case. The Board also considered the
standards of restoration set out by the Supreme Court of Kentucky, the
requirements of SCR 2.300 and SCR 3.500, and has unanimously determined
that the applicant has satisfied all applicable standards. The Board concluded
by recommending that the Applicant's Application for Restoration to the KBA
be approved pursuant to SCR 3.500. The Board further concluded that the
Applicant meets the requirements of SCR 3.500(3)(e) and may be admitted
without examination.
Having reviewed the Board's recommendation and the record, we adopt
the Board's Recommendation that the Applicant's Application for Restoration to
the KBA be approved. The costs incurred by the Applicant total $1,221.50.
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ACCORDINGLY, IT IS ORDERED that John Knox Benintendi, KBA
Member Number 86671, is restored to membership in the KBA and to the
practice of law in this Commonwealth. The KBA is ordered to refund any funds
remaining in Mr. Benintendi's bond account in excess of $1,221.50.
All sitting. All concur.
ENTERED: August 25, 2016.
CHIEF JUSTICE
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