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 
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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