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 (b) Hardship exemption: Members who practice law within the Commonwealth, but demonstrate that meeting the requirements of SCR 3.645 would work an undue hardship by reason of disability, sickness, or other clearly mitigating circumstances. (c) Military exemption: Any member who, for any portion of an educational year, was on active duty in the United States armed forces or whose spouse was on active duty in the United States armed forces for any portion of an educational year. (3) Every member seeking an exemption from the mandatory continuing legal education requirement of SCR 3.645 pursuant to SCR 3.665(2) shall submit an application on forms provided by the Association or shall make other such written request providing information necessary for determination by the Commission of circumstances warranting exemption. (4) Exemptions granted pursuant to SCR 3.665(2)(b) and (c) based on hardship or military service are considered temporary in nature unless specifically designated otherwise. In order to maintain an exemption based on a temporary hardship or military service, annual application is necessary. Failure to so certify will result in loss of the exempt status. LX. [SCR 3.666 Exemptions and removal of exemptions] Deletion of SCR 3.666. LXI. the September 10th deadline for the educational year for which an extension is sought. (c) The application must be submitted to the Director for CLE and received by the September 10th deadline for the educational year for which an extension is sought; and (d) The application must include the required application fee as set forth below: (i) $250.00 for the first year for which a non-hardship time extension is sought; or (ii) $350.00 for the second year for which a non-hardship time extension is sought; or (iii) $500.00 for the third year and all years thereafter for which a non-hardship time extension is sought. (iv) If a member does not seek a non-hardship time extension for 3 consecutive years, a subsequent non-hardship time extension thereafter sought will be considered the first such application and the fee schedule will begin again at the $250.00 level. (3) Failure to comply with extended time requirements granted by the Commission pursuant to SCR 3.645 (1) or (2), including both completion of continuing legal education activities and certification thereof, shall subject the member to the sanctions of SCR 3.675: Suspension for Non-Compliance. LXVI. [SCR 3.667 Extension of time requirements] Deletion of SCR 3.667. LXII. [SCR 3.668 Non-compliance, definition] Deletion of SCR 3.668. LXIII. [SCR 3.669 Non-compliance: procedure and sanctions] Deletion of SCR 3.669. LXIV. [SCR 3.670 Appeal of commission actions] Deletion of SCR 3.670. LXV. SCR 3.670 Extension of time requirements 54 New rule SCR 3.670 shall read: (1) The time requirements associated with completion of continuing legal education and certification thereof, as set forth in SCR 3.645(1), may be extended by the Commission in case of hardship or other good cause clearly warranting relief. Requests for time extensions for completion of activities or certification thereof shall be made to the Commission in writing. All requests for time extension must be received by the Commission no later than the September 10th following the end of the educational year for which the time extension is sought. Requests must set forth all circumstances upon which the request is based, including supporting documentation. Applications for time extensions for completion of the New Lawyer Program may be submitted pursuant to SCR 3.640(8). (2) A member who fails to complete the requirements of SCR 3.645 for any educational year, and who cannot show hardship or other good cause clearly warranting relief, may submit an application for a non-hardship extension of time in which to earn the annual minimum requirement. The application, which shall be made on KBA forms or by such other appropriate method approved by the Commission, must meet the following requirements: (a) Each application must contain a detailed plan for completing the annual requirement. (b) All required credits must be completed and reported by B&B; • 11.13 [SCR 3.675 Continuing legal education requirements for restoration or reinstatement to membership: procedures] Deletion of SCR 3.675. LXVII. SCR 3.675 Non-compliance: procedure and sanctions New rule SCR 3.675 shall read: (1) As soon as practicable after August 20th of each year, the Commission shall notify a member in writing of existing delinquencies of record. The writing may consist of a computer generated form setting forth said delinquency. If any statement incorrectly reflects the continuing legal education status of the member it shall be the duty of the member to promptly notify the Commission of any claimed discrepancy in the education statement. (2) If, by the first day of November immediately following, a member has neither certified completion by the June 30th immediately prior, of the minimum continuing legal education requirements set forth in SCR 3.645, nor applied for and satisfied the conditions of an extension under SCR 3.670 or exemption under SCR 3.665, the Commission shall certify the name of that member to the Board. (3) The Board shall cause to be sent to the member a notice of delinquency by certified mail, return receipt requested, at the member's bar roster address. Such notice shall require the attorney to show cause within 30 days from the date of the mailing why the attorney's license should not be suspended for failure to meet the mandatory minimum CLE requirements of SCR 3.645. Such response shall be in writing, sent to the attention of the Director for CLE, and shall be accompanied by costs in the amount of $50.00 payable to the Kentucky Bar Association. (4) Unless good cause is shown by the return date of the notice, or within such additional time as may be allowed by the Board, the lawyer will be stricken from the membership roster as an active member of the KBA and will be suspended from the practice of law or will be otherwise sanctioned as deemed appropriate by the Board. A copy of the suspension notice shall be delivered by the Director to the member, the Clerk of the Kentucky Supreme Court, the Director of Membership, and to the Circuit Clerk of the district wherein the member resides for recording and indexing as required by SCR 3.480.