IN RE: James Clayton HALL (2026)

OPINION AND ORDER

James Clayton Hall was admitted to the practice of law in the Commonwealth of Kentucky in 2010. His Kentucky Bar Association (KBA) number is 93519, and his bar roster address is P.O. Box 1501, Pikeville, Kentucky 41502. Hall has been suspended from the practice of law in the Commonwealth since February 20, 2020. He applied for reinstatement pursuant to SCR ¹ 3.510 ² on March 30, 2022. The Character and Fitness Committee (Committee) of the Kentucky Office of Bar Admissions unanimously recommended reinstatement. The Office of Bar Counsel (OBC) and Hall subsequently filed a joint agreed recommendation in this Court in support of reinstatement.³ We agree with and adopt the recommendation.

Hall was originally suspended from the practice of law for 181 days in February 2020 after reaching an agreement with the KBA to resolve five pending disciplinary matters. Hall v. Ky. Bar Ass'n, 599 S.W.3d 877 (Ky. 2020). Hall admitted to the various allegations of professional misconduct which occurred in a short time frame when he was apparently suffering from severe anxiety and depression. After filing for reinstatement, his application was referred to the Committee for investigation. After significant discussions and investigation, the parties ultimately agreed that neither a formal nor informal hearing was warranted under former SCR 2.300(3) and (4).⁴

In the years since his suspension began, Hall has been compliant with this Court's order of suspension and has worked to address the underlying causes of his suspension. He has consistently attended counseling and therapy sessions designed to address his mental health issues, diligently worked to satisfy his outstanding financial obligations, and completed the maximum allowable number of continuing legal education credit hours. Hall fully cooperated with the Committee and the OBC throughout the reinstatement process and showed genuine contrition for his prior acts of misconduct. He has not engaged in conduct which would reflect negatively on his character and fitness to practice law.

Upon review of all of the applicable information and investigative materials, and analyzing the factors set forth in former SCR 2.300(6), the Committee determined Hall had presented clear and convincing evidence that he had complied with the terms of his suspension imposed by this Court; he recognizes and appreciates the wrongfulness of his actions and has demonstrated remorse; his conduct during his suspension demonstrates he is worthy of the public's trust and confidence; he possesses the capabilities to serve as a lawyer; and he currently possesses good moral standing and has rehabilitated himself with the help of counselors and surrounded himself with a strong support system. The Committee concluded Hall's actions satisfied the burden required to be reinstated to the practice of law without conditions, and the OBC agreed.

SCR 3.502(1) prohibits any former member of the KBA who has been suspended for 181 days or more from resuming the practice of law until he is reinstated by this Court. The Applicant has the burden “to prove by clear and convincing evidence that he/she possesses the requisite character, fitness and moral qualification for re-admission to the practice of law.” SCR 3.502(5). After the OBC investigates the application, the matter proceeds to the Committee to conduct a hearing, if warranted, and issue a report. SCR 3.502(6). “Either party may file a notice of appeal of the Committee's report ․ If no notice of appeal is timely filed, the entire record shall be forwarded to the Court for entry of a final order pursuant to SCR 3.370(9).” SCR 3.502(6)(d).

SCR 3.370(9) allows this Court to review the decision of the Committee. If we choose to do so, each party is permitted to file a brief. Id. However, if we do not choose to review the Committee's recommendation, we “shall enter an order adopting” the Committee's recommendation. SCR 3.370(10).

Given the lack of opposition by the OBC and having reviewed the record before us and the Committee's recommendation, we elect not to review the recommendation and hereby adopt the Committee's recommendation under SCR 3.370(10).

ACCORDINGLY, IT IS HEREBY ORDERED that James Clayton Hall's Application for Reinstatement to the KBA is approved. Pursuant to SCR 3.503(5), Hall is directed to pay all costs associated with this reinstatement proceeding in the amount of $62.72 which should be paid from the deposit against costs. If these costs exceed the deposit paid by Hall, he shall pay any additional costs. If there is any amount remaining after the KBA has recovered its costs, this amount will be refunded to Hall.

/s/ Debra Hembree Lambert

CHIEF JUSTICE

FOOTNOTES

1.   Rules of the Supreme Court.

2.   SCR 3.510 was deleted by order of this Court effective April 1, 2022, and reinstatement to the practice of law after a suspension of 181 days or more was thereafter governed by SCR 3.502.

3.   The length of time between Hall's application and the filing of the agreed recommendation is unexplained but none of the parties have raised an issue regarding any delay in the proceedings.

4.   At the time of his application for reinstatement, SCR 2.300 provided the guidelines applicable to reinstatement proceedings. The rule was subsequently deleted and replaced by SCR 3.503. The Committee utilized the prior rule as Hall's application was filed while it was effective but notes to this Court that an analysis under the new rule would not change its position that Hall has met his burden to be reinstated.

All sitting. All concur.