Bench & Bar

NOV 2013

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.

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LV. [SCR 3.661 Continuing legal education requirements: compliance and certification] Deletion of SCR 3.661. LVI. [SCR 3.662 Qualifying continuing legal education activity standards and credit limits] Deletion of SCR 3.662. LVII. [SCR 3.663 Calculation and reporting of continuing legal education credits: formulas and limits] Deletion of SCR 3.663. LVIII. [SCR 3.665 Procedure for accreditation of continuing legal education activities and obligations of sponsors] Deletion of SCR 3.665. LIX. SCR 3.665 Exemptions and removal of exemptions New rule SCR 3.665 shall read: (1) For each educational year, the following members of the Association shall be exempt from the requirements of SCR 3.645: (a) In recognition of their positions, which prohibit the practice of law and have significant continuing education requirements by statute or rule of court as a result of the positions they hold, members who, during any portion of that educational year, are serving as: (i) Justices, Judges, or Magistrates of the Commonwealth or Court of the United States; or (ii) full-time administrative law judges for an agency of the United States or Commonwealth of Kentucky executive branch. (b) Justices and Judges of the Commonwealth leaving the bench will be allowed to use accumulated Continuing Judicial Education credits toward the required CLE minimum, up to 12 credits, including 2 ethics, for the first year they are subject to the CLE requirement after leaving the bench. (c) New lawyers who have been admitted less than 1 full educational year as of the June 30th deadline. Such members shall be subject to the New Lawyer Program requirement, as set forth in SCR 3.640. (d) Members who are at least 75 years of age or at least 50 year members, including members who will become 75 years of age and those who become 50 year members within the educational year. (2) Upon application to the Commission, the following members may be exempted from the requirements of SCR 3.645: (a) Non-practice exemption: Members who do not practice law, as defined in SCR 3.020, within the Commonwealth and agree to refrain from such practice until the Commission approves an application for removal of the exemption. (i) Non-practice exemptions shall not be effective retroactively unless the applicant certifies that he or she has not practiced law, as defined in SCR 3.020, within the Commonwealth, for all time periods covered by such exemption. (ii) Practice of law as defined in SCR 3.020, within the Commonwealth, during the effective period of this exemption pursuant to SCR 3.665(2)(a) shall constitute the unauthorized practice of law. Information known by the Commission regarding the practice of law during any period for which a member has certified non-practice status pursuant to SCR 3.665(2)(a) is not confidential as provided by SCR 3.695 and shall be provided along with the member's continuing legal education transcript by the Director for CLE to the Office of Bar Counsel and the Inquiry Commission in writing. (iii) A member seeking removal of a non-practice exemption shall be required to file a written application with the Commission, addressed to the Director for CLE, for the removal of said exemption. Required as an attachment to the application for removal of said exemption shall be certification of completion of sufficient continuing legal education credits to meet the minimum annual continuing legal education requirement for each educational year during which he or she was exempt, excluding the current educational year. In no case shall a member be required to certify completion of more than 12 credits, including applicable ethics credits, as a condition of removal of the exemption. Timely certification shall include only continuing legal education credits earned during the current educational year and 2 prior educational years. This Rule in no way affects the member's responsibility to complete the current year minimum annual education requirement by June 30th. The current year minimum educational requirement must be completed as set forth at SCR 3.645. The member shall be notified in writing, via certified mail, of the commission's action on the application for the removal of the exemption. (iv) Application for removal of an exemption granted pursuant to SCR 3.665(2)(a) may not be made within 30 days of the granting of the exemption. B&B; • 11.13 53 (3) Activity sponsors that apply for accreditation and receive approval prior to the activity may announce in advertising materials, "This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of XX.XX credits, including XX.XX ethics credits." Sponsors who have made application for accreditation of activities that have not yet been approved may announce in advertising materials, "Application for approval of this activity for a maximum of XX.XX credits, including XX.XX ethics credits, is PENDING before the Kentucky Bar Association Continuing Legal Education Commission." Sponsors may not advertise accreditation if accreditation has not been granted by the Commission and notice of such accreditation received by the sponsor. (4) Technologically transmitted activities produced from live programs or studio productions must be accredited separately from the live or studio activity from which they were produced. (5) Sponsors of accredited activities shall comply with the obligations and requirements set forth below. (a) Ensure that all education activities comply with SCR 3.650. (b) Permit Commission members and staff or their designees to monitor without payment of registration or other fees, any approved activity. (c) Utilize the activity code provided by the Kentucky Bar Association in its notification of accreditation in identifying the activity in all correspondence regarding the activity and provide the activity code to members for use in reporting credits. (d) Provide to each Kentucky attorney completing an approved activity a Commission approved credit reporting form and activity code. Credit reporting forms and activity numbers shall be made available to sponsors upon request from the Commission for use at approved activities. (e) Collect credit reporting forms from Kentucky attorneys and submit to the Commission all forms received within 30 days of completion of the program. Failure to submit completed credit reporting forms within 30 days of the activity shall be accompanied by a late filing fee from the sponsor of $10.00 per form or certificate. Submit all attendance forms or certificates for activities held during the month of June no later than July 10th, immediately following the end of the educational year on June 30th. For programs held during June this provision of the rule supersedes the 30 day submission deadline provided above. (f) Sponsors may submit member activity certifications to the Director of CLE as required by SCR 3.645(2), via electronic means so long as the sponsor maintains the member's original certification, or a copy thereof, on file for 2 subsequent educational years following the year in which the activity was completed.

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