Kentucky Bar Ass'n v. Martin

205 S.W.3d 210, 2006 Ky. LEXIS 287, 2006 WL 3386721
CourtKentucky Supreme Court
DecidedNovember 22, 2006
DocketNo. 2006-SC-0353-KB
StatusPublished
Cited by1 cases

This text of 205 S.W.3d 210 (Kentucky Bar Ass'n v. Martin) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kentucky Bar Ass'n v. Martin, 205 S.W.3d 210, 2006 Ky. LEXIS 287, 2006 WL 3386721 (Ky. 2006).

Opinion

OPINION AND ORDER

The Board of Governors (“Board”) of the Kentucky Bar Association (“KBA”) has recommended to this Court that Sheridan Martin, who was admitted to practice law in Kentucky in May 1993, whose Bar Roster Address is P.O. Box 777, 5 Court Street, Allen, Kentucky 41601, and whose KBA Member Number is 84699, be suspended from the practice of law in Kentucky for two years, with 181 days to serve and the remainder probated upon rein[211]*211statement with certain conditions. On May 16, 2005, the Board tendered its Findings of Fact, Conclusions of Law, and Recommendation related to two disciplinary cases (KBA File Nos. 7839 and 10898) against Martin. Martin subsequently filed a timely notice pursuant to SCR 3.370(8) for the Court to review the Board’s findings and recommendation. Having reviewed the parties’ briefs and the record, we conclude that the discipline recommended by the Board was insufficient in light of the egregiousness of Martin’s behavior and impose a different sanction.

The first disciplinary case, KBA File No. 7839, rose from a criminal conviction for the sexual assault of one of Martin’s female employees that occurred on December 13, 1999. Martin was at home, rather than work, because of an alleged back ailment. The employee went to Martin’s home to deliver mail from the office. She testified that she was apprehensive because Martin had previously made inappropriate and unwelcome sexual comments to her and another employee and had touched their backs, knees, and hair. When the employee arrived at Martin’s home, he was wearing jogging pants and a t-shirt. He asked the employee to come into another area of the house, which turned out to be a bedroom, because he was “down in his back.” When the employee entered the bedroom, Martin grabbed her hair and then forced her right hand into his pants and against his penis. A small struggle ensued, during which Martin threw the employee on the bed, climbed on top of her, and forcefully tried to kiss her. The employee’s pager went off, and Martin stopped his conduct, apparently alarmed by the sound. The employee said that the page was an emergency call from her son’s school. Martin unlocked his front door and the employee left.

Following the incident, the employee contacted the County Attorney. She left Martin’s employ soon thereafter (as did the other female employee who had been subjected to Martin’s inappropriate behavior in the office). Investigators from the Commonwealth’s Attorney’s office investigated the crime and obtained tape-recorded statements from Martin wherein he admitted his inappropriate conduct. Martin was indicted for First-Degree Sexual Assault, a class D felony. Martin subsequently entered into a plea agreement wherein the charge would be reduced to Third-Degree Sexual Assault, a class B misdemeanor. The final judgment of conviction was entered on January 24, 2001. Martin was sentenced to 90 days in jail, probated for two years on several conditions, including that he continue good behavior, refrain from further violations of the law, complete community service, have no contact with the victim, and complete a counseling program.

There was also evidence that less than one month after this conviction, Martin made inappropriate sexual advances toward a female nurse at the nursing home where his mother lived. The nurse claimed that Martin put his hands on her waist, rubbed his “front side against [her] back side,” and commented on her looks. This incident led the prosecutor to move to revoke Martin’s probation. The trial court denied this motion, noting that while the behavior was inappropriate, it fell into the category of bad behavior only marginally.

The second disciplinary case, KBA File No. 10898, rose from another criminal conviction, this time for the sexual assault of a former client on April 27, 2001, less than three months after the initial conviction. Martin had previously represented the woman in a personal injury claim. At the time of the sexual assault, the woman was seeking Martin’s legal counsel regarding a [212]*212social security claim for her minor son. While behind closed doors in his office, Martin flirted with the woman, then exposed his genitals and began masturbating in her presence. He approached her and placed his genitals against her. He then locked the door and began fondling, embracing, and kissing the woman. Martin’s conduct was interrupted when an employee knocked on his door.

Martin acknowledged that he had sexual contact with the woman, stating that he initiated the flirting, which progressed to kissing and then to oral sex being performed on him. However, Martin claims that the encounter was consensual, though he admits that it was ethically inappropriate.

Martin was subsequently charged with Third-Degree Sexual Abuse and Second-Degree Unlawful Imprisonment. He entered a plea to Third-Degree Sexual Abuse pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). He was sentenced to thirty days in jail, probated for two years on the condition that he commit no further crimes, continue psychological therapy, and have no contact with the victim.

The KBA initiated disciplinary proceedings against Martin, and in April 2004, the Inquiry Commission issued two formal charges against him for violating SCR 3.130 — 8.3(b) for having “[c]omit[ted] a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.” The charges were referred to a trial commissioner, who heard evidence and rendered findings of fact, conclusions of law and a recommendation.

The trial commissioner’s findings of fact lay out the facts related to Martin’s criminal acts and convictions in substantially the same manner as described above. Those findings also indicated that Martin continued to practice law after his convictions. They also describe Martin’s psychological counseling. He began seeing Bill Jett, a licensed clinical social worker and psychotherapist, in November 2000. Following the April 2001 sexual assault incident, Jett recommended that Martin attend the Santé Center for Healing, an inpatient mental health facility in Denton, Texas, that specializes in treating professionals with sexually-related mental disorders. Martin attended the Santé Center from May 18, 2001 to July 1, 2001. He left against the recommendation of the facility, allegedly due to the unavailability of funds to cover further treatment. The Santé Center’s records indicate that Martin “still has a lot of work to do in all the problem areas of his treatment plan.” Martin subsequently received outpatient treatment through the Baptist Hospital East in Louisville, Kentucky, and continued counseling and treatment with Bill Jett. He also participated in the Hebron Ministries Addiction Support Program in Pikeville, Kentucky.

Bill Jett testified that there had been gaps in Martin’s treatment, but that he had been following up with his therapy and was taking anti-depressant medication for his condition as recommended by his psychiatrist, Dr. Douglas Ruth. He also noted that Martin had instituted strict controls in his office and that there had been no indication of recurrence of any inappropriate behavior. Finally, Jett testified that Martin had not yet reached a “maintenance level” in his therapy and would require continued therapy for his “sexual addiction.”

The trial commissioner’s findings also discuss Martin’s relationship with Bill Baird III, an attorney in Pikeville, Kentucky.

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Related

Martin v. KENTUCKY BAR ASS'N
214 S.W.3d 322 (Kentucky Supreme Court, 2007)

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Bluebook (online)
205 S.W.3d 210, 2006 Ky. LEXIS 287, 2006 WL 3386721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kentucky-bar-assn-v-martin-ky-2006.