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
demonstrate by clear and convincing evidence his/her suitability for reinstatement. Before submission the Trial Commissioner may direct such oral argument as he/she deems appropriate and may allow briefs, not to exceed 30 pages, from all parties, which shall be filed simultaneously within 30 days after the record is filed with the Disciplinary Clerk. The trial commissioner shall have discretion to extend the page limit of briefs. SCR 3.350 Electronic Record SCR 3.350 shall read: The proceedings before the Trial Commissioner shall be electronically reported and immediately filed with the Disciplinary Clerk. XXVII. SCR 3.360(2), (4) and (5) Trial Commissioner to file report with Disciplinary Clerk XXX. Section (2) of SCR 3.480 shall read: Sections (2), (4) and (5) of SCR 3.360 shall read: (2) The Trial Commissioner's report shall constitute a part of the record in the case. The report shall be advisory. The Trial Commissioner shall file the report with the Disciplinary Clerk within 30 days after the record has been filed with the Disciplinary Clerk or after any briefs have been filed with the Disciplinary Clerk, whichever is later. Said deadline may be extended by agreement of the parties or by the President upon verified motion by the Trial Commissioner. If an extension is sought by the Trial Commissioner, a verified motion stating with particularity the grounds for the extension of time shall be filed with the Disciplinary Clerk, with service on parties. The President may grant up to a 60 day extension of time for the Trial Commissioner to file the report. If the Trial Commissioner fails to timely file the report or a verified motion for extension of time, the Board shall request the Supreme Court to issue a show cause order to the Trial Commissioner. (4) Within 30 days after the filing with the Disciplinary Clerk of: (a) the report, (b) an order ruling on a motion under SCR 3.360(3), or (c) an amended report, whichever is later, either party may file a notice of appeal with the Disciplinary Clerk. If no notice of appeal is timely filed, the entire record shall be forwarded to the Court for entry of a final order pursuant to SCR 3.370(9). (5) Upon finality of the report, the Trial Commissioner shall return to the Disciplinary Clerk the entire record and such papers as may have been filed and are in the possession of the Trial Commissioner. XXVIII. SCR 3.370(1) and (5)(c) Procedure before the Board and the Court Section (1) and subsection (c) of section (5) of SCR 3.370 shall read: (1) Thirty days after the filing of the notice of appeal, the Appellant shall file a brief supporting his/her position on the merits of the case. Fifteen days thereafter, the Appellee shall file his/her brief. Briefs shall not exceed 30 pages. No reply brief shall be permitted. (5)(c) Each roll call vote under (5)(a) or (b) shall be agreed upon by 11 or 3/4 of the members of the Board present and voting on the proceedings, whichever is less. XXIX. SCR 3.450(1), (2) and (3) Recovery of Costs Sections (1), (2) and (3) of SCR 3.450 shall read: (1) In any case to be submitted to the Court, the Disciplinary Clerk shall file with the Court the entire record of the proceedings together with a certified bill of the costs incurred in connection with the investigation and prosecution of the matter. (2) Every final order of the Court which adjudges the Respondent guilty of unprofessional conduct shall provide for the recovery of SCR 3.480(2) Withdrawal from the association; negotiated sanctions (2) The Court may consider negotiated sanctions of disciplinary investigations, complaints or charges prior to the commencement of a hearing before a Trial Commissioner under SCR 3.240. Any member who is under investigation pursuant to SCR 3.160(2) or who has a complaint or charge pending in this jurisdiction, and who desires to terminate such investigation or disciplinary proceedings at any stage of it may request Bar Counsel to consider a negotiated sanction. If the member and Bar Counsel agree upon the specifics of the facts, the rules violated, and the appropriate sanction, the member shall file a motion with the Court which states such agreement, and serve a copy upon Bar Counsel, who shall, within 10 days of the Clerk's notice that the motion has been docketed, respond to its merits and confirm its agreement. The Disciplinary Clerk shall submit to the Court within the 10 day period the active disciplinary files to which the motion applies. The Court may approve the sanction agreed to by the parties, or may remand the case for hearing or other proceedings specified in the order of remand. XXXI. SCR 3.500(2)(d), (3)(d) and (4) Restoration to membership Subsection (d) of section (2), subsection (d) of section (3) and section (4) of SCR 3.500 shall read: (2)(d) Upon the filing of the foregoing items, the Office of Bar Counsel shall present the matter to the Board at its next meeting, or, if not contested, at any time by mail or electronic means. Within 30 days of its review of the complete application materials, the Board may restore the applicant to membership or refer the matter to the Character and Fitness Committee of the Kentucky Office of Bar Admissions for proceedings pursuant to SCR 2.040 and SCR 2.011, and subsequent review by the Supreme Court. If the matter is referred to the Character and Fitness Committee, the applicant shall pay a fee of $450.00 to the Kentucky Office of Bar Admissions. Upon completion of its review, the Character and Fitness Committee shall submit its recommendation to the Board for its action and recommendation to the Court. (3)(d) Upon the filing of the foregoing items, the Director shall refer the application to the Character and Fitness Committee of the Kentucky Office of Bar Admissions for proceedings pursuant to SCR 2.040 and SCR 2.011. An additional fee of $750.00 shall be paid to the Kentucky Office of Bar Admissions. Upon completion of its review, the Character and Fitness Committee shall submit its recommendation to the Board of Governors for its action and recommendation to the Court. (4) All costs incurred in excess of the filing fee shall be paid by the Applicant. Upon referral to the Character and Fitness Committee, a cash bond in the amount of $2500.00 to secure the costs to be incurred shall be paid to the Office of Bar Admissions by the Applicant. B&B; • 11.13 47 XXVI. costs, which shall include the costs and expenses that a prevailing party in a civil action may recover pursuant to CR 54.04, and such other costs, including postage, certified mailing fees, service of process fees, and videographer charges, as may be ordered by the Supreme Court. Immediately upon the effective date of the order, the Clerk shall furnish a bill for said costs to the Respondent. If the bill is not satisfied within 10 days thereafter, upon which date the order is final, the Clerk shall notify the Director of the Association. The award set forth in the order and any costs shall bear interest at the judgment rate set forth in KRS 360.040. (3) An order of the Court assessing costs as referenced above shall be enforceable in the same manner and by the same means as any civil judgment.