IN RE: John Nathaniel MILLER (2025)

OPINION & ORDER

This case is before the Court upon the Office of Bar Counsel's Motion for Indefinite Suspension of John N. Miller pursuant to SCR 3.167. Miller has practiced law since 2003 without any prior discipline. His KBA number is 89919. OBC's motion was filed in August 2024. Miller failed to timely respond, and a show cause order was issued October 2024. Miller requested an extension of time. That request was granted, as well as a second motion for extension of time. Miller has now filed his response.

The underlying issue in this matter stems from Miller’ representation of Michael Thomas Bauer in a DUI case. Miller was paid a $5,000 retainer for his services on August 31, 2023. Two weeks later, on September 13, 2023, Bauer terminated Miller's services for what he believed was derelict performance and demanded the retainer be returned. So far as this record is concerned, Miller has yet to return the monies.

In an email to OBC, Miller admitted he had received a copy of the bar complaint (filed in October 2023) on February 9, 2024. Miller otherwise did not respond or cooperate in the investigation. He admitted in an email to OBC that he received a copy of the charge the same month as it was filed, in June 2024. Miller represents in his response to this Court that he has, since February 2023, been transient due to a divorce and substance abuse disorder, and has lived at four different addresses. Since September 2024 he has lived with his father, for whom he provides care due to cancer, and worked with KYLAP to treat and manage his substance abuse.

Miller also informs us that four other complaints and charges are pending against him and all concern the same issue: refunding money to clients. We have no other details about these cases. Miller states:

This response is intended to convey the same as the aforementioned responses—acceptance of responsibility for any and all monies owed and the intention to begin repayment as soon as possible. The amount in this matter is $5,000, which undersigned does not dispute and promises to respond in a timely fashion to any and all communications from the Office of Bar Counsel regarding repayment of.

Indefinite suspension is an appropriate sanction in this case. See e.g., Kentucky Bar Assoc. v. Oliver, 681 S.W.3d 59 (Ky. 2023). This Court, however, retains discretion to impose it. SCR 3.167(1). The ultimate goal of any disciplinary proceeding is to maintain the integrity and standards of the legal profession and, when applicable, make the victims of professional misconduct whole. At this juncture, we conclude indefinite suspension would hinder rather than help achieve those goals.

We accept Miller has had a confluence of life-changing circumstances by his divorce and the cancer diagnosis of his father. We also accept that Miller's response to these issues was a retreat to substance abuse. But Miller has represented he is now in treatment, seeking employment, and accepts responsibility for his misconduct. We place great stock in this acceptance of responsibility, promise to repay the owed monies, and promise to cooperate with the OBC in resolving his outstanding cases.

We, therefore, DENY the motion for indefinite suspension. Pursuant to SCR 3.980(1), we ORDER KYLAP to aid and assist the Office of Bar Counsel in its investigations of John Nathaniel Miller according to SCR 3.980(3). We cannot order Miller to consent to signing a written release to KYLAP pursuant to SCR 3.980(1) and SCR 3.990; however, failure to authorize KYLAP accordingly will indicate Miller's representations of cooperation are insincere. Should Miller prove uncooperative or otherwise fail to timely respond to communications of OBC, then a new motion for indefinite suspension can be considered.

/s/ Debra Hembree Lambert

 CHIEF JUSTICE

All sitting. All concur.