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
The proposed amendments to sections (2), (3) and (4) of SCR 3.210 are: (2) After entry of the order of submission, the Board may rule on Motions to file late answers for good cause shown as set forth in CR 6.02. The Office of Bar Counsel shall have an opportunity to file a response. The entire Board shall rule on the Motion. If the Motion is granted, the Board shall return the entire record to the Disciplinary Clerk for further proceedings. If the Motion is overruled, the matter shall stand submitted to the Board. ([2]3) If the parties agree that the answer raises only issues of law, or the Respondent admits the violation, the case shall be submitted directly to the Board. Bar Counsel may file a brief within [twenty] (20) days, and the Respondent may file a brief within [twenty] (20) days, thereafter. After briefs are filed, or the time within which briefs may be filed has expired, the record and briefs shall be forwarded to the President for assignment to a member of the Board for a report. ([3]4) The Board, by a vote of a majority of the Board present and voting, may return the entire record to the Disciplinary Clerk for appointment of a Trial Commissioner pursuant to SCR 3.230 to conduct an evidentiary hearing, which proceeding will be confidential pursuant to 3.150. XXIII. SCR 3.225 Appointment of T[t]rial C[c]ommission The proposed amendments to SCR 3.225 are: The Chief Justice shall appoint, subject to the approval of the Supreme Court, from among the membership of the Bar Association, a Trial Commission and shall designate a chair from the Commission. The Trial Commission shall consist of no more than (15) members. Members of the Trial Commission shall be lawyers licensed in the Commonwealth who possess the qualifications of a Circuit Judge. To the extent practicable, the Chief Justice shall, with the consent of the Court, appoint Trial Commissioners from each appellate district. Such Trial Commissioners shall [be authorized to] serve (1) or more (4) year terms [of two (2) years]. XXIV. SCR 3.240(1) and (2) Notice of appointment of Trial Commissioner and hearing The proposed amendments to sections (1) and (2) of SCR 3.240 are: (1) Upon the appointment of a Trial Commissioner, the Disciplinary Clerk shall notify the parties of his/her name and address. The Trial Commissioner shall fix the time and place of the hearing and the Disciplinary Clerk shall give notice thereof to the parties. Such hearing shall occur [be held] not less than [thirty] (30) days, nor more than [sixty (60)] (180) days, after the date of the notice, but for good cause shown, [or by agreement] said time may be extended by the Trial Commissioner for a period not to exceed an additional (180) days. (2) Any time, not later than (20) [ten (10)] days after the appointment of a Trial Commissioner or at such point in the proceeding that facts become known sufficient for such challenge, the Respondent or Bar Counsel may, by motion, challenge for cause the Trial Commissioner. If the challenge is such as might disqualify a Circuit Judge, the Chief Justice shall relieve the challenged member and direct the Disciplinary Clerk to immediately fill the vacancy. XXV. SCR 3.320 Procedure where an attorney has been convicted of a misdemeanor or a felony The proposed amendments to SCR 3.320 are: [When] A[a]ny member of the Association [has been] who is convicted of a felony or class "A" misdemeanor, [a copy of the judgment] shall [be filed by the Respondent and the attorney prosecuting the case to a plea of guilty or conviction by judge or jury,] within (10) days following the plea of guilty, finding of guilt by a judge or jury, or upon the entry of judgment, whichever occurs first, file a copy of the judgment with Bar Counsel. The prosecuting attorney shall also file a copy of said judgment with Bar Counsel for action under SCR 3.160. Bar Counsel shall submit copies of the judgment to the Inquiry Commission which may take action under SCR 3.165. XXVI. SCR 3.330 Order of proceedings and burden of proof The proposed amendments to SCR 3.330 are: The Trial Commissioner shall determine and regulate the order of proceedings at the hearing. Upon the application of a party or upon direction of the Trial Commissioner, the Disciplinary Clerk shall issue subpoenas for the attendance of witnesses or the production of evidence at the hearing. Prehearing discovery shall proceed in accordance with this rule as directed by the Trial Commissioner rather than by the Kentucky Rules of Civil Procedure. If reasonably necessary to prepare the case for hearing, the Trial Commissioner may allow the taking of depositions and require the production of documents. The burden of proof shall rest upon the Association in a disciplinary proceeding, and the facts must be proven by a preponderance of the evidence. In reinstatement hearings the burden shall rest upon the Applicant, and he/she must demonstrate by clear and convincing evidence his/her suitability for reinstatement. Before submission the Trial Commissioner may direct such oral argument as he/she deems appropriate and may allow [receive] briefs, not to exceed (30) pages, from all parties [on such terms as he/she may impose], which shall be filed simultaneously within (30) days after the record is filed with the Disciplinary Clerk. The trial commissioner shall have discretion to extend the page limit of briefs. XXVII. SCR 3.350 [Transcript of evidence] Electronic Record The proposed amendments to SCR 3.350 are: The proceedings before the Trial Commissioner shall be electronically reported and immediately filed with the Disciplinary Clerk. [reported by videotape, where possible, or if not possible, by a reporter appointed by the Trial Commissioner. If a transcript must be prepared, it shall be completed within sixty (60) days of the hearing.] XXVIII.SCR 3.360(2), (4) and (5) Trial C[c]ommissioner to file report with D[d]isciplinary C[c]lerk The proposed amendments to sections (2), (4) and (5) of SCR 3.360 are: (2) The Trial Commissioner's report shall constitute a part of the record in the case. The report shall be advisory. The Trial Commissioner shall file the report with the Disciplinary Clerk within [thirty] (30) days after the [transcript of evidence or videotape] record has been filed with the Disciplinary Clerk or after any briefs have been filed with the Disciplinary Clerk, whichever is later. Said deadline may be extended by agreement of the parties or by the President upon verified motion by the Trial Commissioner. If an extension is sought by the Trial Commissioner, a verified motion stating with particularity the grounds for the extension of time shall be filed with the Disciplinary Clerk, with service on parties. The President may grant up to a [sixty] (60) day extension of time for the Trial Commissioner to file the report. If the Trial Commissioner fails to timely file the report or a verified motion for extension of time, the Board shall request the Supreme Court to issue a show cause order to the Trial Commissioner. B&B; • 05.13 39 XXII. SCR 3.210(2), (3) and (4) Processing cases of default, admissions of violations or answers raising only issues of law