Thursday, January 28, 2021

Hall Of Justice

The Kentucky Supreme Court imposed a consent sanction for a criminal incident in a courthouse

Just after 8:00 a.m. on July 17, 2019, a deputy heard a voice call for help from the second floor of the Jefferson County Hall of Justice. The deputy responded and found the victim restraining Scott with both men covered in blood. The victim, also an attorney, said Scott had attacked him with an aerosol can for no reason. The victim suffered multiple head and facial lacerations for which he was transported to the hospital and received stitches.

On July 22, 2019, Scott was arraigned on a charge of second-degree assault, a Class C felony. On August 30, 2019, he pled guilty to an amended charge of fourth-degree assault, a Class A misdemeanor, for which he agreed to serve 180 days, conditionally discharged for two years, provided he commit no new offenses, have no contact with the victim, and participate in mental health/anger management treatment. Commonwealth v. Scott, Jefferson District Court 19-F-007691.

Scott acknowledges he suffered from Major Depressive Disorder and Chronic Post Traumatic Stress Disorder at the time of the incident. He currently participates in mental health treatment through the VA Medical Center in Louisville, Kentucky.

In 1983, Scott was convicted of raping and attempting to kill the wife of a fellow Marine but was ultimately exonerated. Scott maintains eight years of incarceration before being freed “had a profound and lasting effect on him.”

Sanction

Based on the foregoing authorities, Scott’s lack of prior disciplinary record, and his cooperative nature throughout the proceedings, the KBA concluded a 180-day suspension, probated for two years with conditions, was the appropriate sanction in this matter. After reviewing the allegations, Scott’s lack of prior disciplinary record, and the cases cited by the KBA, this Court concludes the discipline proposed by Scott, and agreed to by the KBA, is appropriate.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2021/01/the-kentucky-supreme-court-imposed-just-after-800-am-on-july-17-2019-a-deputy-heard-a-voice-call-fhelp-from-the-second.html

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