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 suspension. Such appeal shall include an affidavit showing good cause why the suspension should be set aside. LII. (3) The requirements for completion of continuing legal education as a condition to restoration or reinstatement as set forth above may only be satisfied with credits earned in the current educational year during which the application is submitted and the preceding [two] (2) educational years. Credits so earned shall be applicable to requirements imposed by the Commission upon application or other actions undertaken in pursuit of restoration or reinstatement. SCR 3.[670]680 Appeal of Commission actions The proposed deletion of SCR 3.670 and new rule SCR 3.680 is: (1) The Commission shall state the reason or reasons for any adverse Commission decision and shall notify the person or organization affected. (4) [The Commission shall approve such applications if it appears that the former member has satisfied the requirements of this Rule. (2) Any person or organization may request in writing reconsideration of an adverse decision within [fifteen] (15) days of the notice of the decision. The Commission shall consider any pertinent material submitted and shall permit the aggrieved party the opportunity to appear at a meeting of the Commission for oral presentation of information to be considered. (5)] Approval of the application or provision of a certification for an affidavit of compliance shall satisfy the requirement of the applicant under [Rule]SCR 3.[661]645 for the current educational year. ([6]5) In the event that a new educational year begins after approval of the application or certification for an affidavit of compliance by the Commission, but prior to Supreme Court entry of an Order of Reinstatement or Restoration, or Registrar's certification of member's name to the active roster of membership the new year minimum continuing legal education requirement must be completed and the application updated before the reinstatement or restoration can proceed to the Board of Governors or to the Court, unless a maximum of [sixty-two and one-half (62.5] (60) credits have been completed. (3) Any person or organization may appeal to the Board from an adverse decision of the Commission by filing a written notice in the Office of the Director within [thirty] (30) days of the notice of the decision or of a refusal to reconsider a decision. The review of the Board shall be limited to the record considered by the Commission. The entire record, including a transcript of Commission proceedings, shall be submitted to the Board, with costs born by the unsuccessful party. (4) Any person or organization may appeal to the Supreme Court of Kentucky from an adverse decision of the Board by filing a written petition, together with [ten] (10) copies, in the office of the Clerk of the Court, accompanied by a certificate of service on the Director and a filing fee of ($100.00), within [thirty] (30) days of the notice of the decision. The review of the Court shall be limited to the record considered by the Commission and the Board. (5) Commission certification of non-compliance filed with the [Supreme Court] Board pursuant to SCR 3.[652]640(9) or SCR 3.[669]675 may not be appealed under Sections (3) and (4) of this Rule. LIII. SCR 3.[675]685 Continuing legal education requirements for restoration or reinstatement to membership: procedures The proposed deletion of SCR 3.675 and new rule SCR 3.685 is: 50 (1) Every former member, applying for or otherwise seeking restoration or reinstatement to membership pursuant to Rules 3.500 or 3.510, shall be required to have completed the minimum annual continuing legal education requirement for each year during which he or she was not a member in good standing, including any year prior to disbarment, suspension or withdrawal under threat of disbarment or suspension, during which the minimum annual continuing legal education requirement was not fulfilled. Completion of such credits shall be certified to the Commission as a condition precedent to reinstatement or restoration. In no case shall a member be required to attend more than [sixty two and one-half (62.5)] 60 continuing legal education credits, including applicable ethics credits, as a condition precedent of restoration or reinstatement to membership. (2) The application or affidavit of compliance submitted for restoration or reinstatement shall include certification from the Director for CLE of completion of continuing legal education activities as required by these Rules, or otherwise specified by the Commission or Court. Applicants or affiants shall request said certification from the Director for CLE in writing and shall submit with said written request a fee of [fifty dollars] ($50.00) to cover the expense of the record search and certification. Applications or affidavits of compliance submitted for restoration or reinstatement which do not include the required certification of continuing legal education credits, including verification of fee payment for the certification, shall be considered incomplete and shall not be processed. B&B; • 05.13 LIV. SCR 3.[680]690 Continuing L[l]egal E[e]ducation A[a]ward The proposed deletion of SCR 3.680 and new rule SCR 3.690 is: (1) Any member who completes a minimum of [sixty two and one-half (62.5)] (60) credit hours approved by the Commission within a period of [three] (3) or fewer educational years, is eligible for a Continuing Legal Education Award which shall consist of a dignified certificate issued by the Association attesting to the educational accomplishment. (2) The Commission shall notify the member and issue the award. (3) Approved awards are valid for [one] (1) year, beginning on the first day of July of the year of [application] award notification. (4) The validity of an award may be renewed for an additional year following the initial award[s] date, in which the member who holds the award completes a minimum of [twenty] (20) approved credit. (5) Failure to earn [twenty] (20) credits in any educational year following the initial award date shall disqualify the member from further renewals of that award. The member may only become eligible for another award by earning [sixty two and one-half (62.5)] (60) approved credit hours in a period separate and distinct from the period for which a prior award was issued. (6) Each member who holds a valid, unexpired award shall receive a 25% discount from the normal registration fee for the Kentucky Bar Association Annual Convention. (7) [Application for renewal of a Continuing Legal Education Award shall be made by members following the same procedure required for initial award application pursuant to this Rule. (8) Each member who holds a valid, unexpired award shall receive a 25% discount from the normal registration fee for the Kentucky Bar Association Annual Convention.] The Association may publish annually in leading daily newspapers of general circulation throughout the Commonwealth an announcement of the members who during the preceding educational year have earned the Continuing Legal Education Award. The announcement shall describe the