TO BE PUBLISHED
Supreme Court of Kentucky
2020-SC-0292-KB
KENTUCKY BAR ASSOCIATION MOVANT
V. IN SUPREME COURT
JASON NICHOLAS MARTIN RESPONDENT
OPINION AND ORDER
This disciplinary case involving Jason Nicholas Martin came before the
KBA Board of Governors as a default case pursuant to Supreme Court Rule
(SCR) 3.210. Martin, KBA member number 88728, was admitted to the
practice of law in the Commonwealth on May 1, 2001. His bar roster address
is P.O. Box 162, Bryantsville, Kentucky 40410. Martin was indefinitely
suspended from the practice of law on March 20, 2020, for violating SCR 3.165
by failing to respond to the instant KBA charge. Kentucky Bar Association v.
Martin, 599 S.W.3d 438 (Ky. 2020).
The Board of Governors unanimously recommends Martin be found
guilty of violating three Supreme Court Rules as charged in KBA File No. 18-
DIS-0035. After considering a lack of prior discipline, presence of aggravating
factors related to Martin’s failure to participate in the disciplinary process, and
no known applicable mitigating factors, the Board recommends Martin be
publicly reprimanded and ordered to attend and complete the next scheduled
Ethics and Professionalism Enhancement Program (EPEP). The Board also
recommends Martin be assessed $91.74, the total cost of this disciplinary
proceeding. For the following reasons, we follow the Board’s recommendations.
The pertinent factual and procedural history of this matter was set forth
in detail in our previous Opinion and Order. Therefore, only a brief review of
the history is required.
Martin was retained by Marquita Thompson to represent her in
connection to the probate of her brother’s estate. During the representation,
Martin failed to ensure the estate was timely settled, did not file appropriate tax
returns, and did not keep Thompson fully and accurately informed of the
progress of the matter. Martin was able to negotiate with the Kentucky
Department of Revenue to obtain a waiver of penalties and fees resulting from
his failure to file the tax returns. After nearly four years, a final settlement was
approved and the estate was closed.
Thereafter, a three-count charge was issued by the Inquiry Commission
alleging Martin violated SCR 3.130(1.1) for failure to provide competent
representation, SCR 3.130(1.3) for lack of diligence and SCR 3.130(8.1)(b) for
failure to respond to a lawful demand for information from a disciplinary
authority. Martin did not respond. That failure ultimately resulted in our
March 26, 2020, Opinion and Order suspending him indefinitely. Upon
consideration, the Board of Governors unanimously agreed Martin was guilty of
the alleged violations and recommended he receive a public reprimand, attend
and successfully complete the next scheduled EPEP and pay the costs of the
disciplinary proceedings.
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Martin made no request pursuant to SCR 3.370(7) that this Court review
the Board's recommendation, and this Court declines to undertake such
review. Consequently, pursuant to SCR 3.370(9), this Court adopts the
recommendation of the Board of Governors. In so doing, we note Martin’s
failure to respond to the disciplinary proceedings is obviously concerning.
However, his unethical actions did not result in harm or prejudice to the estate
or client; although untimely, he completed the matters for which he was hired;
and Martin has no prior discipline since his admission to practice law in 2001.
It is therefore ORDERED:
1. Jason Nicholas Martin is publicly reprimanded for his conduct.
2. Martin shall attend, at his expense, and successfully complete the
next scheduled EPEP offered by the Office of Bar Counsel (OBC).
3. Martin will not apply for Continuing Legal Education (CLE) credit of
any kind for his attendance at EPEP. Moreover, Martin will furnish a release
and waiver to the OBC to review his records of the CLE Department that might
otherwise be confidential, such release to continue in effect until after he
completes remedial education so OBC may verify he has not reported any
hours to the CLE Commission taken as remedial education.
4. The period of indefinite suspension imposed in this Court’s March 26,
2020, Opinion and Order shall expire upon entry of this Opinion and Order,
and Martin shall be reinstated to the practice of law in this Commonwealth.
5. Pursuant to SCR 3.450, Martin is directed to pay all costs associated
with this disciplinary proceeding against him, in the amount of $91.74.
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All sitting. All concur.
ENTERED: December 17, 2020.
______________________________________
CHIEF JUSTICE
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