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 XXXVI. SCR 3.[610]605 The commission; functions and membership The proposed deletion of SCR 3.610 and new rule SCR 3.605 is: The Continuing Legal Education Commission shall consist of [seven] (7) attorneys, [one] (1) of whom shall be from each appellate district of the [state] Commonwealth as presently existing or hereafter created. Under the policy direction of the Court and the Board, the Commission shall be responsible for the administration and regulation of all continuing legal education programs and activities for the members of the Association. XXXVII.SCR 3.[620]610 Selection and tenure of the [c]Commission[,]; filling vacancies on the [c]Commission The proposed deletion of SCR 3.620 and new rule SCR 3.610 is: The Court shall appoint all members of the Commission from a list consisting of [three] (3) times the number to be appointed submitted to the [c]Court by the Board. A chairman shall be designated by the Court for such time as the Court may direct. Of the members first appointed, [three] (3) shall be appointed for [one] (1) year, [two] (2) for [two] (2) years and [two] (2) for [three] (3) years. Thereafter, appointments shall be made for a [three-] (3) year term. Members may be reappointed but no member shall serve more than [two] (2) successive [three-] (3) year terms. Each member shall serve until a successor is appointed and qualified. Vacancies occurring through death, disability, inability or disqualification to serve or by resignation shall be filled for the vacant term in the same manner as initial appointments are made by the Court. Members of the Commission shall serve without compensation but shall be paid their reasonable and necessary expenses incurred in the performance of their duties. The Association shall have the responsibility of funding the Commission and any necessary staff who shall be employees of the Association. XXXVIII.SCR 3.[630]615 Commission member[s] qualifications The proposed deletion of SCR 3.630 and new rule SCR 3.615 is: Each Commission member must be a citizen of the United States, licensed to practice law in the courts of this Commonwealth and have been a resident in the appellate district from which nominated for [two] (2) years immediately preceding the appointment. XXXVIX.SCR 3.[635]620 Commission quorum The proposed deletion of SCR 3.635 and new rule SCR 3.620 is: A quorum consisting of at least [four] (4) Commission members is required for conducting the business of the Commission. XL. SCR 3.[640]625 Commission staff The proposed deletion of SCR 3.640 and new rule SCR 3.625 is: 42 The Commission shall be provided with a Director for Continuing Legal Education and sufficient administrative and secretarial assistants as are from time to time required. Selection and qualifications of the Director for Continuing Legal Education shall be determined by the Board except that the person selected shall be an attorney licensed to practice law in the courts of this Commonwealth. The Director for Continuing Legal Education shall be responsible to the Commission for the proper administration of the rules applying to the Commission and any regulations issued by the Commission. B&B; • 05.13 XLI. SCR 3.[650]630 Commission duties The proposed deletion of SCR 3.650 and new rule SCR 3.630 is: The Commission shall be responsible for the administration of these continuing legal education rules, subject to policy approval and other direction by the Board and the Court. In discharging this responsibility, the Commission shall: (1) Encourage and promote the offering of high quality continuing legal education. (2) Conduct, sponsor, or otherwise provide high quality continuing legal education, specifically including, but not limited to, [one] (1) [twelve and one-half (12.5)] 12 credit seminar in each Supreme Court District each year. (3) Encourage and promote quality legal writing. (4) Approve or deny promptly all applications provided for by these rules. (5) Establish standards, procedures, and forms to evaluate applications made pursuant to these rules. (6) Promulgate rules and regulations for the administration of the mandatory continuing legal education program subject to approval of the Board and the Court. (7) Report annually, on or before September 15, and as otherwise required, to the Board and the Court on the status of continuing legal education in the Commonwealth. Such report shall include recommended changes to these rules and regulations and their implementation. (8) Submit to the Board annually, on or before November 1, a recommended budget for the succeeding year with any recommended changes in annual membership dues to cover costs of administering these rules. (9) Perform such other acts and duties, not inconsistent with these rules, as are necessary and proper to improve the continuing legal education programs within the Commonwealth. When in the course of undertaking the duties set forth above, the Commission receives information which may raise questions regarding a member's competence to represent clients or to otherwise practice law as defined at SCR 3.020, or which may raise any of the issues covered at SCR 3.165(b), the Commission has an affirmative duty to report such information to the Office of Bar Counsel for review by the Inquiry Commission. XLII. SCR 3.[651]635 Kentucky [l]Law [u]Update seminars in each appellate district The proposed deletion of SCR 3.651 and new rule SCR 3.635 is: (1) Each educational year, the Commission shall conduct a [twelve and one-half (12.5)] 12 credit continuing legal education seminar in each Supreme Court District. Subjects taught at each seminar shall include the latest Kentucky Supreme Court and Court of Appeals decisions, procedural rule changes, Federal Court decisions, legal ethics, professional responsibility and professionalism, Kentucky statutory changes and other subjects relating to improvements in basic legal skills. Each program shall include a minimum of [two] (2.0) credits for subjects specifically addressing legal ethics, professional responsibility and professionalism. (2) Registration for the Kentucky Law Update seminars shall be free to all members in good standing [of] with the Association.