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 XIX. SCR 3.160(3)(C) Initiation of disciplinary cases evidentiary hearing, which proceeding will be confidential pursuant to 3.150. Subsection (C) of section (3) of SCR 3.160 shall read: (3)(C) After review and such preliminary investigation as may reasonably be necessary, the Office of Bar Counsel may attempt informal resolution and subsequently close the Complaint. If the acts or course of conduct complained of merit referral under 3(A)(ii)-(vi), and do not warrant a greater degree of discipline, the Office of Bar Counsel may issue a warning letter, which will be maintained in the investigative file of the Office of Bar Counsel but not be considered as discipline, or it may recommend remedial ethics, related legal or management education programs, fee arbitration, or KYLAP, completion of which would result in the complaint being dismissed. XX. SCR 3.175(1)(b), (c), (d), (e) and (3) Efficient enforcement; notice of attorney's address Subsections (b), (c), (d) and (e) of section (1) and section (3) of SCR 3.175 shall read: (1)(b) maintain with the Director a valid email address and shall upon change of that address notify the Director within 30 days of the new address, except however, that "Senior Retired Inactive" members and "Disabled Inactive" members shall not be required to maintain an email address; (c) include his or her 5 digit member identification number in all communications to the Association including, but not limited to, any and all communications relating to his or her membership status, membership record, dues obligations, compliance with continuing legal education requirements or disciplinary proceedings in which he or she is a respondent. (d) If the member provides a Post Office address, he or she must also provide a current address for service of process. (e) Failure to maintain a current address which allows for physical service of process with the Director may be prosecuted in the same manner as a violation of the Rules of Professional Conduct. (3) After July 1, 2004, the Association may reject any communication to the Association which fails to comply with paragraph (1)(c) of this Rule 3.175, provided that a member's failure to include his or her member identification number in a document shall not result in a default in any disciplinary proceeding. XXI. XXII. The Chief Justice shall appoint, subject to the approval of the Supreme Court, from among the membership of the Bar Association, a Trial Commission and shall designate a chair from the Commission. The Trial Commission shall consist of no more than 15 members. Members of the Trial Commission shall be lawyers licensed in the Commonwealth who possess the qualifications of a Circuit Judge. To the extent practicable, the Chief Justice shall, with the consent of the Court, appoint Trial Commissioners from each appellate district. Such Trial Commissioners shall serve 1 or more 4 year terms. XXIII. (1) Upon the appointment of a Trial Commissioner, the Disciplinary Clerk shall notify the parties of his/her name and address. The Trial Commissioner shall fix the time and place of the hearing and the Disciplinary Clerk shall give notice thereof to the parties. Such hearing shall occur not less than 30 days, nor more than 180 days, after the date of the notice, but for good cause shown, said time may be extended by the Trial Commissioner for a period not to exceed an additional 180 days. (2) Any time, not later than 20 days after the appointment of a Trial Commissioner or at such point in the proceeding that facts become known sufficient for such challenge, the Respondent or Bar Counsel may, by motion, challenge for cause the Trial Commissioner. If the challenge is such as might disqualify a Circuit Judge, the Chief Justice shall relieve the challenged member and direct the Disciplinary Clerk to immediately fill the vacancy. XXIV. 46 SCR 3.320 Procedure where an attorney has been convicted of a misdemeanor or a felony SCR 3.320 shall read: Any member of the Association who is convicted of a felony or class "A" misdemeanor, shall within 10 days following the plea of guilty, finding of guilt by a judge or jury, or upon the entry of judgment, whichever occurs first, file a copy of the judgment with Bar Counsel. The prosecuting attorney shall also file a copy of said judgment with Bar Counsel for action under SCR 3.160. Bar Counsel shall submit copies of the judgment to the Inquiry Commission which may take action under SCR 3.165. Sections (2), (3) and (4) of SCR 3.210 shall read: B&B; • 11.13 SCR 3.240(1) and (2) Notice of appointment of Trial Commissioner and hearing Sections (1) and (2) of SCR 3.240 shall read: SCR 3.210(2), (3) and (4) Processing cases of default, admissions of violations or answers raising only issues of law (2) After entry of the order of submission, the Board may rule on Motions to file late answers for good cause shown as set forth in CR 6.02. The Office of Bar Counsel shall have an opportunity to file a response. The entire Board shall rule on the Motion. If the Motion is granted, the Board shall return the entire record to the Disciplinary Clerk for further proceedings. If the Motion is overruled, the matter shall stand submitted to the Board. (3) If the parties agree that the answer raises only issues of law, or the Respondent admits the violation, the case shall be submitted directly to the Board. Bar Counsel may file a brief within 20 days, and the Respondent may file a brief within 20 days, thereafter. After briefs are filed, or the time within which briefs may be filed has expired, the record and briefs shall be forwarded to the President for assignment to a member of the Board for a report. (4) The Board, by a vote of a majority of the Board present and voting, may return the entire record to the Disciplinary Clerk for appointment of a Trial Commissioner pursuant to SCR 3.230 to conduct an SCR 3.225 Appointment of Trial Commission SCR 3.225 shall read: XXV. SCR 3.330 Order of proceedings and burden of proof SCR 3.330 shall read: The Trial Commissioner shall determine and regulate the order of proceedings at the hearing. Upon the application of a party or upon direction of the Trial Commissioner, the Disciplinary Clerk shall issue subpoenas for the attendance of witnesses or the production of evidence at the hearing. Prehearing discovery shall proceed in accordance with this rule as directed by the Trial Commissioner rather than by the Kentucky Rules of Civil Procedure. If reasonably necessary to prepare the case for hearing, the Trial Commissioner may allow the taking of depositions and require the production of documents. The burden of proof shall rest upon the Association in a disciplinary proceeding, and the facts must be proven by a preponderance of the evidence. In reinstatement hearings the burden shall rest upon the Applicant, and he/she must