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
cational year for which the time extension is sought. Requests must set forth all circumstances upon which the request is based, including supporting documentation. Applications for time extensions for completion of the New Lawyer Program may be submitted pursuant to SCR 3.[652]640(8). (a) Each application must contain a detailed plan for completing the annual requirement; (b) All required credits must be completed and reported by the September 10th deadline for the educational year for which an extension is sought; (c) The application must be submitted to the Director for CLE and received by the September 10th deadline for the educational year for which an extension is sought; and (d) The application must include the required application fee as set forth below: (i) ($250.00) for the first year for which a non-hardship time extension is sought; or (ii) ($350.00) for the second year for which a non-hardship time extension is sought; or (iii) ($500.00) for the third year and all years thereafter for which a non-hardship time extension is sought. (iv) If a member does not seek a non-hardship time extension for (3_ consecutive years, a subsequent non-hardship time extension thereafter sought will be considered the first such application and the fee schedule will begin again at the ($250.00) level. (3) Failure to comply with extended time requirements granted by the Commission pursuant to [Rule]SCR 3.[667]645 (l) or (2), including both completion of continuing legal education activities and certification thereof, shall subject the member to the sanctions of [Rule]SCR 3.[669]675: Suspension for Non-Compliance. L. [SCR 3.668 Non-compliance, definition] The proposed deletion of SCR 3.668 is: [(1) Delinquency of Certification. Any certification of continuing legal education activity for an educational year (July 1-June 30) which is submitted after the August 10th immediately following the close of that educational year, shall be deemed past due and in non-compliance. All past due reports shall be accompanied by a late filing fee of fifty dollars (2) Delinquency of Credits. Failure to acquire a minimum of twelve and one-half (12.5) credits, including two (2.00 ethics credits, to meet the minimum continuing legal education requirements of Rule 3.661 and associated certification requirements shall be grounds for suspension by the Court from the practice of law.] LI. SCR 3.[669]675 Non-compliance: procedure and sanctions The proposed deletion of SCR 3.669 and new rule SCR 3.675 is: (1) As soon as practicable after August 20th of each year, the Commission shall notify a member in writing of existing delinquencies of record. The writing may consist of a computer generated form setting forth said delinquency. If any statement incorrectly reflects the continuing legal education status of the member it shall be the duty of the member to promptly notify the Commission of any claimed discrepancy in the education statement. (2) If, by the first day of November immediately following, a member has neither certified completion by the June 30th immediately prior, of the minimum continuing legal education requirements set forth in [Rule]SCR 3.[661]645, nor applied for and satisfied the conditions of an extension under [Rule]SCR 3.[667]670 or exemption under [Rule]SCR 3.[666]665, the Commission shall certify the name of that member to the Board. (3) The Board shall cause to be sent to the member a notice of delinquency by certified mail, return receipt requested, at the member's bar roster address. Such notice shall require the attorney to show cause within [thirty] (30) days from the date of the mailing why the attorney's license should not be suspended for failure to meet the mandatory minimum CLE requirements of SCR 3.[661]645. Such response shall be in writing, sent to the attention of the Director for CLE, and shall be accompanied by costs in the amount of [fifty dollars] ($50.00) payable to the Kentucky Bar Association. (4) Unless good cause is shown by the return date of the [rule] notice, or within such additional time as may be allowed by the Board, the lawyer will be stricken from the membership roster as an active member of the KBA and will be suspended from the practice of law or will be otherwise sanctioned as deemed appropriate by the Board. A copy of the suspension notice shall be delivered by the Director to the member, the Clerk of the Kentucky Supreme Court, the Director of Membership, and to the Circuit Clerk of the district wherein the member resides for recording and indexing as required by [Rule]SCR 3.480. (5) A member suspended under this Rule may apply for restoration to membership under the provisions of [Rule]SCR 3.500. (6) A member may appeal to the Kentucky Supreme Court from such suspension order within [thirty] (30) days of the effective date of the B&B; • 05.13 49 (2) A member who fails to complete the requirements of [Rule]SCR 3.[661]645 for any educational year, and who cannot show hardship or other good cause clearly warranting relief, may submit an application for a non-hardship extension of time in which to earn the annual minimum requirement. The application, which shall be made on KBA forms or by such other appropriate method approved by the Commission, must meet the following requirements: [a plan for making up his or her delinquency, provided that the Commission has not approved such a plan for the member for either of the two preceding educational years. The plan must be received by the Commission no later than the September 10th immediately following the end of the educational year for which the time extension is sought. The plan will be approved only if the member pays a filing fee of two hundred fifty dollars ($250.00) and the plan lists activities which would provide, by the September 10th immediately following the end of the educational year, the credit hours needed to make up the deficiency. Such plan shall be deemed accepted by the Commission unless within fifteen (15) days after receipt of the compliance plan and filing fee, the Commission notifies the applicant to the contrary.] ($50.00) per certificate or report to cover the administrative costs of recording credits to the prior year. All past due reports for completion of an activity in the immediately preceding educational year must be received by the Commission with the late fee of fifty dollars ($50.00) per certificate or report no later than the close of the current educational year (June 30). Past due reports shall be accepted only until the end of the educational year (June 30) immediately following the year during which the activity is completed. This deadline (June 30) will not apply in instances where the member or former member is in the process of removing an exemption per SCR 3.666([6]2) or attempting certification per SCR 3.675, but the late fee of fifty dollars ($50.00) per certificate or report shall be applied if the report is received after the August 10th reporting deadline described above.