SMITH v. KENTUCKY BAR ASSOCIATION (2020)

OPINION AND ORDER

Pursuant to SCR ¹ 3.040, membership dues to the Kentucky Bar Association (“KBA”) are assessed on June 30 of each year and are payable on or before September 1 of each year. In this case, the KBA, on January 17, 2020, suspended Jonathan Logan Smith ² for non-payment of his 2019-20 dues. Smith now appeals and tenders his affidavit of good cause that the suspension should be revoked. We find that Smith has not shown sufficient good cause and affirm his suspension.

Smith, according to his affidavit, was initially admitted to the practice of law in Illinois in 1992 and was then admitted in Kentucky in May 1995. Between 1995 and June 2014, Smith's office was in Chicago, Illinois. In June 2014, Smith relocated to Stanford, Kentucky and notified the KBA of his new address. In July 2019, Smith relocated to Tampa, Florida to work for a Chicago-based law firm. Admittedly, Smith failed to comply with SCR 3.035(1)(a) by providing the KBA Director with his current address.

On July 8, 2019, KBA's Membership Department mailed 2019-20 dues statements on to all active members, directed to their bar roster address. Smith, by his affidavit, states that he failed to pay the 2019-20 dues by September 1 because of “oversight.” The KBA mailed a final dues notice on September 13, 2019, to delinquent members at their same addresses. Smith was on this list of members. Additionally, the KBA reminds all members of their dues obligation by posting notices in the Bench & Bar magazine, on the website, www.kybar.org, and also through an “E-News” sent to its members’ email addresses.

KBA's Membership Department sent “blast” emails on October 29, 2019, and November 7, 2019, to those members who were delinquent in payment of bar dues. Smith was a recipient of those emails. Smith was sent a Show Cause Notice of Delinquency via certified mail on November 18, 2019, to his bar roster address. Since Smith had failed to comply with SCR 3.035(1)(a), this Notice was understandably returned as “Return to Sender, Unclaimed, Unable to Forward” by the U.S. Mail and received by the KBA on December 18, 2019. Vida “Vee” Schottenstein, a representative from KBA's Membership Department, attempted to contact Smith on December 16, 2019, by leaving him a voicemail message and on January 14, 2020, by email.

Smith's name was confirmed to the KBA Board of Governors on January 17, 2020, as being delinquent of payment of bar dues, pursuant to SCR 3.050, for the 2019-20 fiscal year. At that time, Smith was delinquent in payment of KBA dues, late fee, and costs in the amount of $410.00 for the 2019-20 fiscal year. This amount, pursuant to SCR 3.050, includes the $310.00 membership dues, $50.00 late fee and a $50.00 costs fee. KBA membership records indicate Smith had been delinquent in payment of annual bar dues for the past five (5) fiscal years.

After receiving the Notice of Suspension, Smith tendered a check in payment of his bar dues, late fee, and costs. The record does not indicate the date Smith tendered his check, although his affidavit explaining the circumstances of his late payment was dated January 31, 2020. The record further fails to disclose the circumstances by which Smith became aware of the Notice of Suspension.

Just last year, we decided Richmond v. Kentucky Bar Association, 575 S.W.3d 685 (Ky. 2019), in which a majority of this Court found that member Brian Richmond had shown sufficient cause for revocation of his bar suspension since he averred that his employer had paid his past bar dues, he assumed it would do so in the current year, the November certified mail was apparently never delivered to his bar address, he had contacted the KBA prior to his January suspension date, and believed he had until the close of business on that date, January 18, 2019, to pay the dues, late fee and costs.

We hold in this case, however, that Smith has not shown good cause for revocation of his suspension. The KBA followed the protocol established by SCR 3.050. Smith failed to pay his 2019-20 bar dues prior to being suspended. SCR 3.040. His bar dues payments have been delinquent the last five years. He failed to keep the KBA informed of his current address. SCR 3.035(1)(a). Thus, Smith has not shown good cause for revocation of his suspension.

IT IS HEREBY ORDERED:

1. Jonathan Logan Smith, KBA Member Number 85743, is suspended from the practice of law in the Commonwealth of Kentucky from and after January 17, 2020.

2. Smith shall notify all courts in which he has matters pending and all clients for whom he is actively involved in litigation and similar legal matters of his suspension.

3. Smith may apply for restoration to membership in accordance with SCR 3.500.

/s/ John D. Minton, Jr.

 CHIEF JUSTICE

FOOTNOTES

1.   Kentucky Rules of the Supreme Court.

2.   Smith's Bar number is 85743. Prior to January 17, 2020, his bar address was P.O. Box 390, Stanford, KY 40484-0390. Following January 17, 2020, Smith changed his bar address to 7062 Trysail Circle, Tampa, FL 33607.

All sitting. All concur.