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/213936
SUPREME COURT OF KENTUCKY RULES (4) Expiration of Admission. When an attorney admitted under this rule ceases to be employed in the program or office for which limited admission was granted a representative of the public defender program or legal services program or office of Commonwealth's or County Attorney shall immediately and in writing, so notify the Clerk of the Supreme Court. Admission to practice under this rule shall expire after 18 months, or upon termination of the attorney's employment with the program or office, whichever shall first occur. (5) Rules Governing the Practice of Law. Except for Rules 2.110 and 3.030(2), the Rules governing the practice of law shall be applicable to an attorney admitted under this rule. VI. ings of the health care provider, including the results of all tests made, diagnoses and conclusions. The Court may enter an order transferring the attorney to Disability Inactive Status. An attorney classified under this subsection is not required to pay dues or obtain the annual CLE requirement pursuant to SCR 3.661. This status shall be reflected on the attorney's membership record. No attorney classified under this status may engage in the practice of law in this state until restored to active status by the Court. Any disciplinary proceedings against the attorney shall be stayed while he/she is on disability inactive status. Any report and supporting records from a health care provider regarding the treatment of the attorney shall be confidential and sealed. (b) An attorney transferred to disability inactive status may file a petition with the Court for restoration to active status. A copy of the petition shall be served on Bar Counsel, who shall have 20 days to file a response to the petition. If Bar Counsel objects to the petition, the matter shall be referred to the Character and Fitness Committee to conduct proceedings under SCR 2.300. If Bar Counsel has no objection to the petition the Court may enter an order restoring the attorney to active status with or without conditions. If an attorney is restored to active status, any disciplinary proceedings that have been stayed will be resumed. SCR 2.300(1)(e) and (5) Reinstatement of persons to practice law Scope and Purpose of Reinstatement Guidelines Subsection (e) of section (1) and section (5) of SCR 2.300 shall read: (1) Initial Reinstatement Application Process: (e) Upon receipt of a Reinstatement Application from the Kentucky Bar Association, the Kentucky Office of Bar Admissions, Character and Fitness Committee will instruct the applicant to electronically file a Character and Fitness Certification for Reinstatement Form in accordance with the instructions contained on it from the Office of Bar Admissions website, www.kyoba.org. IX. (4) Unless the member has been classified under Senior Retired Inactive Member pursuant to SCR 3.030(4) or Disabled Inactive Member pursuant to SCR 3.030(5), the member may apply in writing to the Kentucky Bar Association to be relieved of the payment of dues by reason of undue hardship arising from disability, sickness or financial condition. The application shall be copied to the Governors from the district in which the attorney lives, who may or may not recommend in writing to the President that such relief be granted, giving the reasons therefor. Thereupon the President shall have the authority to rule on the application and to notify the Treasurer by written order that the attorney is relieved of the payment of dues. The President shall file the order with the registrar along with the recommendation(s) of the Governor(s). (5) Formal Recommendation: Following the Formal Hearing if there are material factual disputes, the Character and Fitness Committee must resolve them by making findings of fact. Such findings of fact must be supported by the existence or absence of clear and convincing evidence. Such findings will be set forth in a formal recommendation. A formal recommendation will be issued within 60 days of the date of receipt of the hearing transcript. VII. [SCR 3.026 Local divisions of the Kentucky Bar Association] Delete SCR 3.026 VIII. X. (1)(h) Disciplinary complaints filed pursuant to Rule 3.160(1) against attorneys that have been dismissed by the Inquiry Commission shall be maintained for a period of 1 year after final disposition of the complaint. (i) Those records which are disciplinary complaints against attorneys that have resulted in discipline of attorneys shall be maintained until 5 years after the death of the attorneys. (j) At the end of the period stated in paragraphs (h) and (i) of this rule, the described complaints and/or records shall be destroyed. 44 Sections (1), (3), (4) and new subsections (a) and (b) of new section (5) of SCR 3.030 shall read: B&B; • 11.13 SCR 3.060(1)(h),(i) and (j) Records to show status of members Subsections (h), (i) and (j) of section (1) of SCR 3.060 shall read: SCR 3.030(1), (3), (4) and (5)(a) and (b) Membership, practice by nonmembers and classes of membership (1) All persons admitted to the practice of law in this state shall be, and they are, members of the association. (3) The association, by its bylaws, may create honorary memberships. (4) A class of membership is established to be known as "Senior Retired Inactive Member." Any member who reaches the age of 70 years and no longer is actively practicing law and who has met the necessary CLE requirements for inactive status pursuant to SCR 3.666(2), shall upon notification to the Executive Director be classified as Senior Retired Inactive and shall not be required to pay annual dues. (5)(a) A class of membership is established to be known as "Disabled Inactive Member." An attorney admitted to practice in this state who has been, because of a mental or physical condition, judicially declared to be a person under a legal disability, or for whom probable cause exists to believe that the attorney has a mental or physical condition that substantially impairs his or her ability to practice law shall provide to the Court a detailed written report from a licensed qualified health care provider who has examined the attorney setting out the find- SCR 3.040(4) Dues: date of payment and amount Section (4) of SCR 3.040 shall read: XI. SCR 3.070 The board; functions and membership SCR 3.070 shall read: The Board is the governing body of the Association and the agent of the Court for the purpose of administering and enforcing the Rules. It shall consist of the President, the President-Elect, the Vice President, the immediate Past President, the Chair of the Young Lawyer's Division, and 2 attorneys elected from the membership of the Association in each appellate district of the state as presently existing or hereafter created.