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
(2) If the period of suspension has prevailed for [one hundred eighty] (180) days or less, the suspension shall expire by its own terms upon the filing with the Clerk and Bar Counsel of an affidavit of compliance with the terms of the suspension, which must include a certification from the CLE Commission that the Applicant has complied with SCR 3.675. The Registrar of the Association will make an appropriate entry in the records of the Association reflecting that the member has been reinstated; provided, however, that such suspension shall not expire by its own terms if, not later than [ten] (10) days preceding the time the suspension would expire, Bar Counsel files with the Inquiry Commission an opposition to the termination of suspension wherein Bar Counsel details such information as may exist to indicate that the member does not, at that time, possess sufficient professional capabilities and qualifications properly to serve the public as an active practitioner or is not of good moral character. A copy of such objection shall be provided to the Character and Fitness Committee, to the member concerned, and to the Registrar. If such an objection has been filed by Bar Counsel, and is not withdrawn within [thirty] (30) days, the Character and Fitness Committee shall conduct proceedings under SCR 2.300. In cases where a suspension has prevailed for [one hundred eighty] (180) days or less and the reinstatement application is referred to the Character and Fitness Committee, a fee of ($1500.00) [$1250.00] shall be made payable to the Kentucky Office of Bar Admissions. (3) If the period of suspension has prevailed for more than [one hundred eighty] (180) days, the matter shall be referred to the Character and Fitness Committee for proceedings under SCR 2.300. The Character and Fitness Committee will determine whether the application of a member who has been suspended [one hundred eighty] (180) days or less but whose termination of suspension has been objected to, or a member who has been suspended for more than [one hundred eighty] (180) days, should be approved. The Character and Fitness Committee shall file with the Director and the Clerk the entire record, including a written report and recommendation by the Character and Fitness Committee. Thirty days after the filing of the report, Bar Counsel and the applicant may each file briefs, not to exceed (30) pages in length. No further briefs may be filed. Upon motion of the parties or upon the Board's own motion, oral arguments may be scheduled before the Board. The Board shall review the record, [and] report and briefs and recommend approval or disapproval of the application to the Court. The Court may enter an order reinstating the Applicant to the practice of law or deny the application. (4) If the period of suspension has prevailed for more than [five] (5) years, the Director shall refer the application to the Character and Fitness Committee for proceedings under SCR 2.300. The Committee shall file a written report and recommendation with the Director and the Clerk. Thirty days after the filing of the report, Bar Counsel and the applicant may each file briefs, not to exceed (30) pages in length. No further briefs may be filed. Upon motion of the parties or upon the Board's own motion, oral arguments may be scheduled before the Board. The Board shall review the record, [and] report and briefs and recommend approval or disapproval of the application to the Court. If the Committee and the Board recommend approval of the application, the Committee shall refer the application to the Board of Bar Examiners for processing in accordance with Rule 3.500(3) and shall file the entire record with the Clerk, including the written report and recommendation of the Committee. The Board of Bar Examiners shall certify the results of the examination to the Director and the Court. If the Applicant successfully completes the examination, the Court may, at its discretion, enter an order reinstating the suspended member to the practice of law. However, if the Applicant fails to pass the examination, the Court shall enter an order denying the application. XXXV. SCR 3.600 Continuing legal education definitions The proposed amendments to SCR 3.600 are: As used in SCR 3.[610]605-3.[690]695, the following definitions shall apply unless the context clearly requires a different meaning: (1) "Approved activity" is a continuing legal education activity that meets the requirements set forth in SCR 3.650 and has been approved for credit by the CLE Commission. (2) "Attorney Identification Number" is the [five] (5) digit number assigned to each member of the Association upon admission. (3) "Award" is the Continuing Legal Education Award. (4) "Commission" is the Continuing Legal Education Commission. (5) "Continuing legal education," or "CLE," is any legal educational activity [or program] which is designed to maintain or improve the professional competency of [the] practicing attorneys and is accredited by the Commission. (6) "Credit" is a unit for measuring continuing legal education [activity]. (7) "Educational year" is the reporting period for mandatory continuing legal education and runs from July 1st each year through June 30th of the successive year. (8) "Ethics, professional responsibility and professionalism" is the category by which "ethics credits" shall be earned and includes[, but is not limited to] programs or seminars or designated portions thereof with instruction focusing on the Rules of Professional Conduct independently or as they relate to law firm management, malpractice avoidance, attorneys fees, legal ethics, and the duties of attorneys to the judicial system, the public, clients and other attorneys. (9) "In-house activity" is an activity sponsored by a single law firm, single corporate law department, or single governmental office for lawyers who are members or employees of the firm, department or office. (10) "Legal writing" is a publication which contributes to the legal competency of the applicant, other attorneys or judges and is approved by the Commission. Writing for which the author is paid shall not be approved. (11) "Non-compliance" means not meeting continuing legal education requirements set forth in [Rule]SCR 3.[661]645 and [Rule]SCR 3.[652]640 and includes both lack of certification and lack of completion of activities prior to established time requirements. (12) "Technological transmission" is a CLE activity delivery method other than live seminars and includes video tape, DVD, audio tape, CDROM, computer on-line services, or other appropriate technology as approved by the Commission. B&B; • 05.13 41 shall be accompanied by a filing fee of ($250.00) which shall be made payable to the Kentucky Bar Association. An additional filing fee of ($1500.00) [$1250.00] shall be made payable to the Kentucky Office of Bar Admissions. The Director shall not accept an application for filing unless all costs incurred in the suspension proceeding have been paid by the former member, the Office of Bar Counsel has certified to the Applicant that there is no pending disciplinary file, and the costs in the reinstatement proceeding (whether costs of the Association or of the Character and Fitness Committee or of the Kentucky Office of Bar Admissions) have been secured by the posting of a cash [or corporate surety] bond of ($2500.00). Any additional costs will be paid by Applicant. The Director shall refer the application to the Continuing Legal Education Commission within [ten] (10) days of receipt for certification under Rule 3.675. The Continuing Legal Education Commission shall make its certification within [twenty] (20) days of the referral which shall be added to the record in the reinstatement proceedings.