Scott v. Kentucky Bar Association, 012121 KYSC, 2020-SC-0566-KB

• Docket Nº: 2020-SC-0566-KB
• Party Name: LINDSEY SCOTT MOVANT v. KENTUCKY BAR ASSOCIATION RESPONDENT
• Case Date: January 21, 2021
• Court: Supreme Court of Kentucky

LINDSEY SCOTT MOVANT

v.

KENTUCKY BAR ASSOCIATION RESPONDENT

No. 2020-SC-0566-KB

Supreme Court of Kentucky

January 21, 2021

OPINION AND ORDER

Based on a negotiated sanction agreement with the Kentucky Bar Association (KBA), on November 29, 2020, Lindsey Scott moved for consensual discipline under Supreme Court Rule (SCR) 3.480(2). Scott, with agreement of the KBA, requests an order imposing a 180-day suspension, probated for two years on condition he commit no new crimes-neither misdemeanors nor felonies; receive no new disciplinary charges; file quarterly proof with the Office of Bar Counsel showing his continued participation in counseling and/or mental health treatment; timely pay KBA membership dues; timely satisfy all continuing legal education requirements; and, pay all costs associated with the investigation and prosecution of this proceeding pursuant to SCR 3.450. Because Scott and the KBA have agreed on the sanction, and caselaw supports the proposed resolution in this matter, we hold this sanction to be the appropriate discipline for Scott's conduct and grant his motion.

Scott's KBA member number is 89417 and his bar roster address is 600 Riverwood Place, Louisville, Kentucky 40207. He was admitted to practice law in the Commonwealth of Kentucky on October 11, 2002.

Just after 8:00 a.m. on July 17, 2019, a deputy heard a voice call for help from the second floor of the Jefferson County Hall of Justice. The deputy responded and found the victim restraining Scott with both men covered in blood. The victim, also an attorney, said Scott had attacked him with an aerosol can for no reason. The victim suffered multiple head and facial lacerations for which he was transported to the hospital and received stitches.

On July 22, 2019, Scott was arraigned on a charge of second-degree assault, a Class C felony. On August 30, 2019, he pled guilty to an amended charge of fourth-degree assault, a Class A misdemeanor, for which he agreed to serve 180 days, conditionally discharged for two years, provided he commit no new offenses, have no contact with the victim, and participate in mental health/anger management treatment.

Commonwealth v. Scott, Jefferson District Court 19-F-007691.

Scott acknowledges he suffered from Major Depressive Disorder and Chronic Post Traumatic Stress Disorder at the time of the incident. He currently participates in mental health treatment through the VA Medical Center in Louisville, Kentucky.

In 1983, Scott was convicted of raping and attempting to kill the wife of a fellow Marine but was ultimately exonerated. Scott maintains eight years of incarceration before being freed "had a profound and lasting effect on him."

As a result of the unprovoked attack, and resulting misdemeanor conviction, the Inquiry Commission opened KBA File No. 19-DIS-0175, and on October 15, 2019, issued a single charge alleging Scott violated SCR 3.130(8.4)(b) which provides, "[i]t 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[.]" The Commission maintains Scott "violated this Rule by committing a criminal act which led to his conviction of Assault 4^th Degree, an A misdemeanor."

Scott admits he violated the cited rule. He and the KBA have agreed to a negotiated sanction to resolve this matter. Under SCR 3.480(2), "[t]he Court may consider negotiated sanctions of disciplinary investigations, complaints or charges[.]" Scott now moves this Court...