Bench & Bar

MAY 2013

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.

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(2) Application for accreditation of continuing legal education activities shall be made by members, former members or activity sponsors using forms provided by the Association or using uniform applications adopted by the Association. Applications must provide all information required by the form in order to be reviewed. All applications shall be accompanied by the appropriate application fee as follows: (a) For [A]applications submitted by sponsors for activities greater than [two] (2) hours in length [-]and submitted at least (30) days in advance of the activity, the fee is $50.00 per activity. If such application is submitted less than (30) days in advance of the activity, the fee is ($100.00) per activity. [Activities repeated on different dates or at different locations are separate activities and require separate applications and separate fees.] (b) For [A]applications submitted by sponsors for activities [two] (2) hours or less in length [-] and submitted at least (30) days in advance of the activity, the fee is ($20.00) per activity. If such application is submitted less than (30) days in advance of the activity, the fee is ($40.00) per activity. [Activities repeated on different dates or at different locations are separate activities and require separate applications and separate fees.] (c) For [A]applications submitted by members or former members, regardless of length of activity and when submitted, the fee is [-]($20.00) per activity. [Each separate activity submitted for accreditation is a separate application requiring a separate fee.] (d) Activities repeated on different dates or at different locations are separate activities and require separate applications and separate fees. (3) [To receive accreditation the application must include evidence that the activity for which accreditation is sought will meet the standards set forth in Rule 3.662. (4)] Activity sponsors [which] that apply for accreditation and receive approval prior to the activity may announce in advertising materials, "This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of XX.XX credits, including XX.XX ethics credits." Sponsors who have made application for accreditation of activities that have not yet been approved may announce in advertising materials, "Application for approval of this activity for a maximum of XX.XX credits, including XX.XX ethics credits, is PENDING before the Kentucky Bar Association Continuing Legal Education Commission." Sponsors may not advertise accreditation if accreditation has not been granted by the Commission and notice of such accreditation received by the sponsor. ([5]4) Technologically transmitted activities produced from live programs or studio productions must be accredited separately from the live or studio activity from which they [are] were produced [and applications for accreditation must include a copy of the tape or other instructions for prior access to the activity by the Commission for evaluation purposes in addition to other information as required by the application provided by the Association]. ([6]5) Sponsors of accredited activities shall comply with the obligations and requirements set forth below. (a) Ensure that all education activities comply with [Rule]SCR 3.[662]650. (b) Permit Commission members and staff or [one] their designees to monitor without payment of registration or other fees, any approved activity. (c) Utilize the activity code provided by the Kentucky Bar Association in its notification of accreditation in identifying the activity in all correspondence regarding the activity and provide the activity code to members for use in reporting [their] credits. (d) Provide to each Kentucky attorney completing an approved activity a[n] [Association] Commission approved credit reporting form and activity code. Credit reporting forms and activity numbers shall be made available to sponsors upon request from the [Association] Commission for use at approved activities. (e) Collect credit reporting forms from Kentucky attorneys and submit to the Commission all forms received within [thirty] (30) days of completion of the program. Failure to submit completed credit reporting forms within [thirty] (30) days of the activity shall be accompanied by a late filing fee from the sponsor of [ten dollars] ($10.00) per form or certificate. Submit all attendance forms or certificates for activities held during the month of June no later than July 10th, immediately following the end of the educational year on June 30th. For programs held during June this provision of the rule supersedes the [thirty] (30) day submission deadline provided above. [Failure to submit forms or certificates pursuant to this schedule will result in the sponsor's obligation to pay a late filing fee of ten dollars ($10.00) per form or certificate.] (f) Sponsors may submit member activity certifications to the Director of CLE as required by SCR 3.[661]645(2), via electronic means so long as the sponsor maintains the member's original certification, or a copy thereof, [of the completion of the activity] on file for [two] (2) subsequent educational years following the year in which the activity was completed. XLVIII.SCR 3.[666]665 Exemptions and removal of exemptions The proposed deletion of SCR 3.666 and new rule SCR 3.665 is: (1) [With respect to] For each educational year, the following members of the Association shall be exempt from the requirements of [Rule]SCR 3.[661]645: (a) In recognition of their positions, which prohibit the practice of law and have significant continuing education requirements by statute or rule of court as a result of the positions they hold, [M]members who, during any portion of that educational year, are serving as: (i) Justices, Judges, or Magistrates of the Commonwealth or Court of the United States; or (ii) full-time administrative law judges for an agency of the United States or Commonwealth of Kentucky executive branch.[, and because of such positions are prohibited from practicing law and have significant continuing education requirements by statute or rule of court as a result of the position they hold.] (b) Justices and Judges of the Commonwealth leaving the bench will be allowed to use accumulated Continuing Judicial Education credits toward the required CLE minimum, up to (12) credits, including (2) ethics, for the first year they are subject to the CLE requirement after leaving the bench. B&B; • 05.13 47 accreditation may be made by an activity sponsor. [Application for accreditation shall be made to the Director not less than thirty (30) days in advance of the scheduled date of the activity. Sponsors failing to submit the application for accreditation as set forth in this rule shall result in an application fee double the amount set forth in Rule 3.665(2)(a)-(c). It is the obligation of the attorney seeking credit to ensure the activity has been approved. Completion of a non-accredited activity shall be at the risk of the attorney.]

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