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 (4) Within [thirty] (30) days after the filing with the Disciplinary Clerk of: (a) the report, (b) an order ruling on a motion under SCR 3.360(3), or (c) an amended report, whichever is later, either party may file a notice of appeal with the Disciplinary Clerk. If no notice of appeal is timely filed, the entire record shall be forwarded to the Court for entry of a final order pursuant to SCR 3.370(9)[10]. (5) Upon finality of the report, the Trial Commissioner shall return to the Disciplinary Clerk the entire [transcript of the proceeding, the transcript of testimony] record and such papers as may have been filed and are in the possession of the Trial Commissioner. XVIX. SCR 3.370(1) and (5)(c) Procedure before the Board and the Court The proposed amendments to section (1) and subsection (c) of section (5) of SCR 3.370 are: (1) Thirty [(30)] days after the filing of the notice of appeal, the Appellant shall file a brief supporting his/her position on the merits of the case. Fifteen [(15)] days thereafter, the Appellee shall file his/her brief. Briefs shall not exceed (30) pages. No reply brief shall be permitted. (5)(c) Each roll call vote under (5)(a) or (b) shall be agreed upon by [eleven] (11) or [three-fourths] (3/4) of the members of the Board present and voting on the proceedings, whichever is less. XXX. SCR 3.450(1), (2) and (3) Recovery of [appropriate] C[c]osts The proposed amendments to sections (1), (2) and (3) of SCR 3.450 are: (1) In any case to be submitted to the Court, the Disciplinary Clerk shall file with the Court the entire record of the proceedings together with a certified bill of the costs incurred in connection with the investigation and prosecution of the matter. [, which shall include the expenses incurred by the Kentucky Bar Association in connection with the investigation and prosecution of the matter, including the expenses associated with the trial commissioner's hearing.] (2) Every final order of [the Board or] the Court which adjudges the Respondent guilty of unprofessional conduct shall provide for the recovery of [appropriate] costs[.], which shall include the costs and expenses that a prevailing party in a civil action may recover pursuant to CR 54.04, and such other costs, including postage, certified mailing fees, service of process fees, and videographer charges, as may be ordered by the Supreme Court. Immediately upon the effective date of the order, the Clerk shall furnish a bill for said costs to the Respondent. If the bill is not satisfied within [ten] (10) days thereafter, upon which date the order is final, the Clerk shall notify the Director of the Association. The award set forth in the order and any costs shall bear interest at the judgment rate set forth in KRS 360.040. (3) An order of the Court assessing costs as referenced above shall be enforceable in the same manner and by the same means as any civil judgment. XXXI. SCR 3.480(2) Withdrawal from the association; negotiated sanctions 40 The proposed amendments to section (2) of SCR 3.480 are: (2) The Court may consider negotiated sanctions of disciplinary investigations, complaints or charges [if the parties agree] prior to the commencement of a hearing before a Trial Commissioner under SCR 3.240. Any member who is under investigation pursuant to SCR 3.160(2) or who has a complaint or charge pending in this jurisdiction, and who desires to termiB&B; • 05.13 nate such investigation or disciplinary proceedings at any stage of it may request Bar Counsel to consider a negotiated sanction. If the member and Bar Counsel agree upon the specifics of the facts, the rules violated, and the appropriate sanction, the member shall file a motion with the Court which states such agreement, and serve a copy upon Bar Counsel, who shall, within [ten] (10) days of the Clerk's notice that the motion has been docketed, respond to its merits and confirm its agreement. The Disciplinary Clerk shall submit to the Court within the [ten] (10) day period the active disciplinary files to which the motion applies. The Court may approve the sanction agreed to by the parties, or may remand the case for hearing or other proceedings specified in the order of remand. XXXII. SCR 3.500(2)(d), (3)(d) and (4) Restoration to membership The proposed amendments to subsection (d) of section (2), subsection (d) of section (3) and section (4) of SCR 3.500 are: (2)(d) Upon the filing of the foregoing items, the Office of Bar Counsel shall present the matter to the Board at its next meeting, or, if not contested, at any time by mail or electronic means. Within [thirty] (30) days of its review of the complete application materials, the Board may restore the applicant to membership or refer the matter to the Character and Fitness Committee of the Kentucky Office of Bar Admissions for proceedings pursuant to SCR 2.040 and SCR 2.011, and subsequent review by the Supreme Court. If the matter is referred to the Character and Fitness Committee, the applicant shall pay a fee of ($450.00) [two hundred fifty dollars ($250.00)] to the Kentucky Office of Bar Admissions. Upon completion of its review, the Character and Fitness Committee shall submit its recommendation to the Board for its action and recommendation to the Court. (3)(d) Upon the filing of the foregoing items, the Director shall refer the application to the Character and Fitness Committee of the Kentucky Office of Bar Admissions for proceedings pursuant to SCR 2.040 and SCR 2.011. An additional fee of ($750.00) [five hundred dollars ($500.00)] shall be paid to the Kentucky Office of Bar Admissions. Upon completion of its review, the Character and Fitness Committee shall submit its recommendation to the Board of Governors for its action and recommendation to the Court. (4) All costs incurred in excess of the filing fee shall be paid by the Applicant. Upon referral to the Character and Fitness Committee, a cash [or corporate surety] bond in the amount of [two thousand five hundred dollars] ($2500.00) to secure the costs to be incurred shall be paid to the Office of Bar Admissions by the Applicant. XXXIII. SCR 3.505(3) Character and Fitness Committee; reinstatements The proposed amendments to section (3) of SCR 3.505 are: (3) The Applicant or Bar Counsel shall have the right to a hearing before the Character and Fitness Committee prior to the issuance of its decision. The hearing shall be held within [sixty] (60) days from the request. The formal recommendation [report] of the Committee shall be filed within [sixty] (60) days of [receipt of the transcript of hearing] the filing of the record. XXXIV.SCR 3.510(1), (2), (3) and (4) Reinstatement in case of disciplinary suspension The proposed amendments to sections (1), (2), (3) and (4) of SCR 3.510 are: (1) No former member of the Association who has been suspended for a disciplinary case for more than [one hundred eighty] (180) days shall resume practice until he/she is reinstated by order of the Court. Application for reinstatement shall be on forms provided by the Director and Continuing Legal Education Commission, filed with the Director, and