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 Bar Association. Admission to practice under this rule shall be limited to the matters specified in the preceding sentence. An application for admission to practice under this rule shall include or be accompanied by: Admissions website, www.kyoba.org [send the applicant an Application for Admission to the Bar. The applicant must complete that form and return it to the Character and Fitness Committee with documentation specified in instructions accompanying the application]. (a)[(1)] A certificate of the highest Court or agency of any other state having jurisdiction over admission to the bar and the practice of law stating that the applicant is in good standing at the bar of such Court or in such state. (b)[(2)] A statement signed by the Commonwealth's or County Attorney, or a representative of [an organized] the public defender program or legal services program, that has employed the attorney, showing compliance with paragraph (1)[(a)] of this rule. Any such statement shall also [contain an undertaking] acknowledge the duty of the office or [by] the program to notify the Clerk of the Supreme Court immediately whenever the attorney ceases to be an employee of such program. (c) [(3)] Such other affidavits or materials as shall be deemed necessary by the Character and Fitness Committee in order to satisfy the Committee of the applicant's moral character and fitness to practice before the Courts of this Commonwealth. (d) [(4)] Payment of a fee of [one hundred dollars] ($100.00) made payable to the Kentucky Office of Bar Admissions (cashier's or certified check or money order). (3)[(c)] Subscription and Action. The application for admission shall be subscribed to by a member of the bar of this Commonwealth in good standing. If the application and related documents are in proper order and if the Character and Fitness Committee finds that the applicant has the moral character and fitness to practice before the Courts of this Commonwealth, the Clerk of the Supreme Court shall enter the name of the applicant upon the docket of persons specially admitted to the bar of this Commonwealth subject to the restrictions of this rule and shall issue an appropriate certificate in evidence thereof. (4)[(d)] Expiration of Admission. When an attorney admitted under this rule ceases to be [associated] employed in [a] the program or office for which limited admission was granted [as set forth in the motion previously filed, a written statement to that effect shall be filed with the Clerk of the Supreme Court by] a representative of the public defender program or legal services program or office of Commonwealth's or County Attorney shall immediately and in writing, so notify the Clerk of the Supreme Court. Admission to practice under this rule shall expire after [eighteen] (18) months, or upon termination of the attorney's employment with the program or office [when the attorney ceases to be an employee of the program], whichever shall first occur. (5) [(e)] Rules Governing the Practice of Law. Except for Rules 2.110 and 3.030(2), the Rules governing the practice of law shall be applicable to an attorney admitted under this rule. VI. SCR 2.300(1)(e) and (5) Reinstatement of persons to practice law S[s]cope and P[p]urpose of R[r]einstatement G[g]uidelines The proposed amendments to subsection (e) of section (1) and section (5) of SCR 2.300 are: 36 (1) Initial Reinstatement Application Process: (e) Upon receipt of a Reinstatement Application from the Kentucky Bar Association, the Kentucky Office of Bar Admissions, Character and Fitness Committee will [immediately] instruct the applicant to electronically file a Character and Fitness Certification for Reinstatement Form in accordance with the instructions contained on it from the Office of Bar B&B; • 05.13 (5) Formal Recommendation: Following the Formal Hearing if there are material factual disputes, the Character and Fitness Committee must resolve them by making findings of fact. Such findings of fact must be supported by the existence or absence of clear and convincing evidence. Such findings will be set forth in a formal recommendation. A formal recommendation will be issued within (60) [thirty (30)] days of the date of receipt of the hearing transcript. VII. [SCR 3.026 Local divisions of the Kentucky Bar Association] The proposed deletion of SCR 3.026 VIII. SCR 3.030(1), (3), (4) and (5)(a) and (b) Membership, practice by nonmembers and classes of membership The proposed amendments to sections (1), (3), (4) and new subsections (a) and (b) of new section (5) of SCR 3.030 are: (1) All persons admitted to the practice of law in this state shall be, and they are, members of the association. [upon the completion of the prerequisites under Rule 2.100] (3) The association, by its bylaws, may create honorary memberships. [All other attorneys shall be active members.] (4) A [new] class of membership is established to be known as "Senior Retired Inactive Member." Any member who reaches the age of 70 years and no longer is actively practicing law and who has met the necessary CLE requirements for inactive status pursuant to SCR 3.666(2), shall upon notification to the Executive Director be classified as Senior Retired Inactive and shall not be required to pay annual dues. (5) (a) A class of membership is established to be known as "Disabled Inactive Member." An attorney admitted to practice in this state who has been, because of a mental or physical condition, judicially declared to be a person under a legal disability, or for whom probable cause exists to believe that the attorney has a mental or physical condition that substantially impairs his or her ability to practice law shall provide to the Court a detailed written report from a licensed qualified health care provider who has examined the attorney setting out the findings of the health care provider, including the results of all tests made, diagnoses and conclusions. The Court may enter an order transferring the attorney to Disabled Inactive Status. An attorney classified under this subsection is not required to pay dues or obtain the annual CLE requirement pursuant to SCR 3.661. This status shall be reflected on the attorney's membership record. No attorney classified under this status may engage in the practice of law in this state until restored to active status by the Court. Any disciplinary proceedings against the attorney may be stayed while he/she is on disabled inactive status. Any report and supporting records from a health care provider regarding the treatment of the attorney shall be confidential and sealed. (b) An attorney transferred to disabled inactive status may file a petition with the Court for restoration to active status. A copy of the petition shall be served on Bar Counsel, who shall have (20) days to file a response to the petition. If Bar Counsel objects to the petition, the matter shall be referred to the Character and Fitness Committee to conduct proceedings under SCR 2.300. If Bar Counsel has no objection to the petition the Court may enter an order restoring the attorney to active status with