The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
Issue link: https://kentuckybenchandbar.epubxp.com/i/132126
PROPOSED AMENDMENTS TO THE RULES OF THE SUPREME COURT (SCR) SCR 2.018(1), (3) and (4) Application packets The proposed amendments to sections (1), (3) and (4) of SCR 2.018 are: (1) All applications for admission to the Kentucky Bar shall be electronically submitted on forms approved by the Board and Committee. Application forms are available on the [packets will be available upon written request to the] Kentucky Office of Bar Admissions website, www.kyoba.org. [and accompanied by a fee of $10.00 made payable to the Kentucky Office of Bar Admissions.] IV. The proposed amendments to subsection (b)(iv) of section (1), section (2) and subsections (a) and (c) of section (4), and section (5) of SCR 2.111 are: (1)(b)(iv) He/she will perform legal services in this Commonwealth solely for his employer, its parent, subsidiary, [or] affiliated entities[.] , or on a pro bono basis as permitted under paragraph (4)(c) below. (3) [Any application received that is incomplete shall be returned to the applicant and a fee of $20.00 shall be submitted along with the complete application prior to said application being acted upon. If an applicant fails to return the requested information within 30 days, the application will be held in abeyance and no further action will be taken and no fees shall be refundable. If the requested information is submitted after the 30 days, the Committee will determine whether or not the applicant is permitted to take the forthcoming examination.] Any applicant who submits an incomplete application will be notified of the error, and given an opportunity to upload a completed application within (30) days after the notification, and paying therewith a non-refundable fee of ($20.00). No action will be taken by the Office of Bar Admissions upon an incomplete application. The Office of Bar Admissions may, in its discretion, act upon a completed application that is submitted after the said (30) day period. (2) Such applicant shall pay to the Kentucky Office of Bar Admissions, at the time of submission of such application a fee of ($1,500) [one thousand dollars ($1,000)] and shall make payment of the current annual dues or fees to the Kentucky Bar Association, as authorized under SCR 3.040. (4)(a) Such attorney shall perform legal services in this Commonwealth solely for his employer, its parent, subsidiary, or affiliated entities, and shall not provide legal services in this Commonwealth, to any other individual or entity, except as permitted under paragraph (4) (c) below. (c) An attorney admitted with a limited practice certificate under this rule is authorized to donate legal services in Kentucky through: [i] a duly organized legal aid program offering pro bono representation to indigent individuals within the Commonwealth of Kentucky, or [ii] a local bar association legal pro bono program or initiative. No fee can be accepted by the attorney with a limited practice certificate for the rendering of any legal services in connection with items [i] and [ii] above. An attorney donating legal services under this rule is subject to all duties and obligations of members admitted under SCR 2.110, SCR 2.120 and SCR 3.661. (4) [The application is to be signed by the applicant and notarized. All answers on the application form must be completely candid. Lack of candor could result in possible denial of character and fitness certification. An applicant is required to submit in writing any circumstance or occurrence that may reflect on their character or fitness.] Before the applicable deadline, the applicant shall, by USPS mail or hand delivery, submit to the Office of Bar Admissions a signed, notarized signature page for the Application attesting to the accuracy of all information contained thereon. All answers on the application form must be completely candid. Lack of candor may result in possible denial of character and fitness certification. Applicants must disclose in writing on the application any circumstances or occurrences that may reflect adversely upon their character or fitness. II. SCR 2.022(2) and (7) Application for admission by examination The proposed amendments to sections (2) and (7) of SCR 2.022 are: (2) ATTORNEY APPLICANT: An attorney applicant who is admitted in another jurisdiction must file a complete Application for Admission By Examination form along with a fee of ($775.00) [$675.00] (cashier's or certified check or money order). The filing deadline is October 1 for the February Bar examination and February 1 for the July Bar examination. (7) An applicant who wishes to withdraw from the Bar examination must notify the Kentucky Office of Bar Admissions, in writing, not later than [five] (5) days prior to the examination date or have a verified excuse, otherwise, the Bar examination fee of ($175.00) shall be forfeited. III. SCR 2.110(2) Admission without examination The proposed amendments to section (2) of SCR 2.110 are: (2) An attorney applying for admission under this Rule shall file with the Kentucky Office of Bar Admissions, on the form provided for application for admission, such information as shall be requested thereon ac- SCR 2.111(1)(b)(iv), (2), (4)(a) and (c) and (5) Limited certificate of admission to practice law (5) The performance of legal services in this Commonwealth solely for such attorney's employer, its parent, subsidiary, [or] affiliated entities, or in connection with a pro bono program contained in paragraph 4(c) following admission to the Kentucky Bar on a limited certificate shall be considered to be the active engagement in the practice of law for all purposes. V. SCR 2.112 Limited Admission For Attorney participants in a public defender, [or] legal services programs, or Office of a Commonwealth's or County Attorney The proposed amendments to SCR 2.112 are: (1)[(a)] Scope. This rule applies to an attorney who is not a member of the Bar of this Commonwealth but who, after having completed the study of law in a law school approved by the American Bar Association or by the Association of American Law Schools and having been admitted to practice in the highest Court of another state, wishes to become an employee of an organized public defender program, the office of a Commonwealth's Attorney or County Attorney, or an organized legal services program in this Commonwealth providing legal assistance to indigent persons. (2)[(b)] General Rule. An attorney to whom this rule applies shall be admitted to practice before the Courts of this Commonwealth in all matters [in which the attorney is associated with an] within the professional responsibility of an organized public defender program, the office of a Commonwealth's or County Attorney, or an organized legal services program which program is sponsored, approved or recognized by the Kentucky B&B; • 05.13 35 I. companied by a fee ($1500.) [twelve hundred dollars ($1200)], no part of which shall be refunded. An applicant shall file with the Character and Fitness Committee such other affidavits, certificates, documents and materials as shall be required to satisfy the Committee of the applicant's good moral character and fitness to be a member of the bar of this state. With respect to character and fitness, the Character and Fitness Committee shall process such applications pursuant to Rule 2.040.