Kentucky Bar Association v. Jason Pierce Mac Iain ( 2020 )

TO BE PUBLISHED
2019-SC-000643-KB
KENTUCKY BAR ASSOCIATION
V. IN SUPREME COURT
JASON PIERCE MAC IAIN RESPONDENT
OPINION AND ORDER
Jason Pierce Mac Iain, Kentucky Bar Association (KBA) Number 96500,
was admitted to the practice of law in the Commonwealth of Kentucky on May
4, 2015. His bar roster address is listed as 175 Lewis Avenue, Tybee Island,
Georgia, 31328. In this default case under Supreme Court Rule (SCR) 3.210,
the KBA Board of Governors recommends this Court find Mac Iain guilty of
violating SCR 3.130(8.4)(b), SCR 3.130(8.1)(b), and SCR 3.130(3.4)(c). For
these violations, the Board recommends that Mac Iain be suspended for 181
days, that Mac Iain be referred to the Kentucky Lawyer Assistance Program
(KYLAP), and that Mac Iain be required to pay the costs in this action. We
agree with and adopt the Board’s recommendation.
I. FACTUAL BACKGROUND
Disciplinary action was initiated against Mac Iain after his guilty plea to
the misdemeanor charge of endangering the welfare of a minor child. KBA File
19-DIS-0104. By this Court’s order dated June 19, 2019, under SCR
3.380(2),1 Mac Iain was indefinitely suspended from the practice of law in the
Commonwealth of Kentucky. Kentucky BarAss'n v. Mac Iain, 575 S.W.3d 469(Ky. 2019). Because Mac Iain has failed to respond to the charges in KBA File
19-DIS-0104, the Board of Governor moves this Court to impose discipline
under SCR 3.210.
In our prior opinion, this Court stated:
On March 15, 2017, Mac Iain was charged with endangering
the welfare of a minor in Commonwealth v. Jason P. Mac Iain, 17-
M-01837, in Fayette District Court. The citation stated that Mac
Iain and his wife were both unconscious in their home when their
minor child called 911, and narcotics and drug paraphernalia were
present when the officers arrived. On August 7, 2017, Mac Iain
entered a guilty plea to the misdemeanor charge and received
twelve months in jail, probated for two years. On September 21,
2017, the Inquiry Commission issued a bar complaint as a result
of the conviction.
Mac Iain responded to the bar complaint, and the Office of
Bar Counsel (OBC) requested additional information from Mac Iain
regarding the results of drug tests taken during the pendency of
his court cases related to the underlying charge. However, Mac
Iain failed to respond to the inquiries. On March 8, 2018, the
Inquiry Commission entered a private admonition for violations of
SCR 3.130(8.4)(b) and SCR 3.130(8.1)(b), conditioned on Mac Iain
1 SCR 3.380(2):
In cases in which the Respondent has failed to answer a charge filed
pursuant to Rule 3.200, or having answered, has thereafter declined to
participate in the disciplinary process the Court may in its discretion,
sua sponte or on motion by the Office of Bar Counsel, suspend the
Respondent from the practice of law for an indefinite period of time.
Reinstatement following an indefinite suspension imposed under this
Rule, may be initiated by motion of the Respondent accounting for the
failure to respond and requesting a final determination of the matter, and
shall be subject to the reinstatement requirements of SCR 3.510. If
respondent fails to seek reinstatement within 5 years, Bar Counsel shall
move for permanent disbarment.
2
providing the OBC an executed Kentucky Lawyer’s Assistance
Program (KYLAP) agreement within 60 days, as well as quarterly
monitoring reports showing compliance with any recommendations
for one year from the date of the agreement.
As of October 8, 2018, the OBC had received no proof of a
KYLAP agreement or monitoring reports from Mac Iain. Due to his
failure to comply with the conditions of the private admonition, the
Inquiry Commission revoked the private admonition and [on
December 12, 2018] issued a charge for violations of SCR
3.130(8.4)(b) (committing a criminal act);l2l 3SCR 3.130(8.1)(b)
(failure to respond to a lawful demand for information from a
disciplinary authority);[3] and SCR 3.130(3.4)(c) (knowingly
disobeying an obligation under the rules of a tribunal). [4] On
December 13, 2018, the Disciplinary Clerk attempted to serve Mac
Iain with the charge at his bar roster address, but the
correspondence was marked “return to sender.” The Disciplinary
Clerk was able to locate a new address and served the charge on
Mac Iain at a Georgia address on February 2, 2019.
On February 22, 2019, Mac Iain left a voicemail with the
OBC stating that he knew he was late in responding to the charge
but would state his reasoning for the delay in an email. On
February 25, 2019, he emailed the OBC regarding his failure to
comply with the conditions of the private admonition and his
failure to answer the charge. Mac Iain noted that he wished to
“clear this up” because he planned to continue to maintain his
license and practice law in Kentucky.
The OBC responded to the email and advised Mac Iain that
he needed to contact the Disciplinary Clerk regarding the
procedure for filing a late answer. The OBC also requested his
current bar roster address. Mac Iain responded to the email
stating he would contact the clerk, and he also provided an
2 SCR 3.130(8.4)(b): “It is professional misconduct for a lawyer to . . . commit a
criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness
as a lawyer in other respects.”
3 SCR 3.130(8.1)(b) pertinently states: A lawyer in connection with a
disciplinary matter, shall not “knowingly fail to respond to a lawful demand for
information from an admissions or disciplinary authority.”
4 SCR 3.130(3.4) (c): “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.”
3
updated address. He later sent another email stating he spoke to
the clerk and suggested that he would file a late answer soon.
[Mac Iain filed no answer to the charge.]
Id. at 469-470.
II. PRIOR DISCIPLINE
Mac Iain has not received any final sanctions for disciplinary cases. On
April 29, 2019, Mac Iain was suspended by the Board of Governor’s for non-
payment of bar dues for the 2018-2019 fiscal year. On June 13, 2019, within
this same disciplinary case, this Court indefinitely suspended Mac Iain from
practicing law in the Commonwealth of Kentucky. He remains suspended as of
this date.
HI. AGGRAVATING FACTORS CONSIDERED BY BOARD
Applicable aggravating factors include bad faith obstruction of the
disciplinary proceeding by intentionally failing to comply with the rules or
orders of the disciplinary agency; submission of false evidence, false
statements, or other deceptive practices during the disciplinary process; refusal
to acknowledge wrongful nature of conduct; and illegal conduct, including that
involving the use of controlled substances. There are no known mitigating
factors.
IV. ANALYSIS
Due to Mac Iain’s failure to respond to the current charge, the
Commission submitted the matter to the Board of Governors under SCR
3.210(1). The Board unanimously found Mac Iain guilty on all three counts.
The Board, by a vote of 13-6, recommends that Mac Iain be suspended for 181
4
days, that Mac Iain be referred to the Kentucky Lawyer Assistance Program
(KYLAP), and that Mac Iain be required to pay the costs in this action.5
Having reviewed the record, we agree that the Board reached the
appropriate conclusions as to Mac Iain’s guilt. Mac Iain has not filed a notice
to this Court to review the Board’s decision, and we do not elect to review the
decision of the Board under SCR 3.370(8). Accordingly, the decision of the
Board is adopted under SCR 3.370(9).
For the foregoing reasons, it is hereby ORDERED:
1. Jason Pierce Mac Iain is found guilty of SCR 3.130(8.4)(b), SCR
3.130(8. l)(b), and SCR 3.130(3.4)(c); and
2. Jason Pierce Mac Iain is suspended from the practice of law in the
Commonwealth of Kentucky for 181 days; and
3. Jason Pierce Mac Iain is referred to KYLAP for evaluation and
assistance as necessary; and
4. In accordance with SCR 3.450, Jason Pierce Mac Iain is directed to
pay all costs associated with these disciplinary proceedings against him, said
5 The Board also considered recommending that (1) Mac Iain be suspended for
181 days and that Mac Iain be required to pay the costs in this action, and (2) Mac
Iain be suspended for 180 days, that Mac Iain be referred to the Kentucky Lawyer
Assistance Program (KYLAP), and that Mac Iain be required to pay the costs in this
action.
5
sum being $331.86, for which execution may issue from this Court upon
finality of this Opinion and Order.
All sitting. All concur.
ENTERED: March 26, 2020.
6