TO BE PUBLISHED 

oSuprrittr Conti of eXiTbfigt, 

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. 1Respondent 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 

4for which he was Respondent was found guilty of violating SCR 3.130-8.4(b),

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. 

3KBA 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). 

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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 

 We do not regard this as a final adjudication of the matter. Respondent's 

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). 

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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. 

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