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
(5) A member suspended under this Rule may apply for restoration to membership under the provisions of SCR 3.500. (6) A member may appeal to the Kentucky Supreme Court from such suspension order within 30 days of the effective date of the suspension. Such appeal shall include an affidavit showing good cause why the suspension should be set aside. (2) The application or affidavit of compliance submitted for restoration or reinstatement shall include certification from the Director for CLE of completion of continuing legal education activities as required by these Rules, or otherwise specified by the Commission or Court. Applicants or affiants shall request said certification from the Director for CLE in writing and shall submit with said written request a fee of $50.00 to cover the expense of the record search and certification. Applications or affidavits of compliance submitted for restoration or reinstatement which do not include the required certification of continuing legal education credits, including verification of fee payment for the certification, shall be considered incomplete and shall not be processed. (3) The requirements for completion of continuing legal education as a condition to restoration or reinstatement as set forth above may only be satisfied with credits earned in the current educational year during which the application is submitted and the preceding 2 educational years. Credits so earned shall be applicable to requirements imposed by the Commission upon application or other actions undertaken in pursuit of restoration or reinstatement. (4) Approval of the application or provision of a certification for an affidavit of compliance shall satisfy the requirement of the applicant under SCR 3.645 for the current educational year. (5) In the event that a new educational year begins after approval of the application or certification for an affidavit of compliance by the Commission, but prior to Supreme Court entry of an Order of Reinstatement or Restoration, or Registrar's certification of member's name to the active roster of membership the new year minimum continuing legal education requirement must be completed and the application updated before the reinstatement or restoration can proceed to the Board of Governors or to the Court, unless a maximum of 60 credits have been completed. LXVIIII. [SCR 3.680 Continuing legal education award] Deletion of SCR 3.680. SCR 3.680 Appeal of commission actions New rule SCR 3.680 shall read: (1) The Commission shall state the reason or reasons for any adverse Commission decision and shall notify the person or organization affected. (2) Any person or organization may request in writing reconsideration of an adverse decision within 15 days of the notice of the decision. The Commission shall consider any pertinent material submitted and shall permit the aggrieved party the opportunity to appear at a meeting of the Commission for oral presentation of information to be considered. (3) Any person or organization may appeal to the Board from an adverse decision of the Commission by filing a written notice in the Office of the Director within 30 days of the notice of the decision or of a refusal to reconsider a decision. The review of the Board shall be limited to the record considered by the Commission. The entire record, including a transcript of Commission proceedings, shall be submitted to the Board, with costs born by the unsuccessful party. (4) Any person or organization may appeal to the Supreme Court of Kentucky from an adverse decision of the Board by filing a written petition, together with 10 copies, in the office of the Clerk of the Court, accompanied by a certificate of service on the Director and a filing fee of $100.00, within 30 days of the notice of the decision. The review of the Court shall be limited to the record considered by the Commission and the Board. (5) Commission certification of non-compliance filed with the Board pursuant to SCR 3.640(9) or SCR 3.675 may not be appealed under Sections (3) and (4) of this Rule. LXX. [SCR 3.685 Annual publication of educational achievement] Deletion of SCR 3.685. LXXI. SCR 3.685 Continuing legal education requirements for restoration or reinstatement to membership: procedures New rule SCR 3.685 shall read: (1) Every former member, applying for or otherwise seeking restoration or reinstatement to membership pursuant to Rules 3.500 or 3.510, shall be required to have completed the minimum annual continuing legal education requirement for each year during which he or she was not a member in good standing, including any year prior to disbarment, suspension or withdrawal under threat of disbarment or suspension, during which the minimum annual continuing legal education requirement was not fulfilled. Completion of such credits shall be certified to the Commission as a condition precedent to reinstatement or restoration. In no case shall a member be required to attend more than 60 continuing legal education credits, including applicable ethics credits, as a condition precedent of restoration or reinstatement to membership. LXXII. [SCR 3.690 Commission records confidential] Deletion of SCR 3.690. LXXIII. SCR 3.690 Continuing Legal Education Award New rule SCR 3.690 shall read: (1) Any member who completes a minimum of 60 credit hours approved by the Commission within a period of 3 or fewer educational years, is eligible for a Continuing Legal Education Award which shall consist of a dignified certificate issued by the Association attesting to the educational accomplishment. (2) The Commission shall notify the member and issue the award. (3) Approved awards are valid for 1 year, beginning on the first day of July of the year of award notification. (4) The validity of an award may be renewed for an additional year following the initial award date, in which the member who holds the award completes a minimum of 20 approved credits. (5) Failure to earn 20 credits in any educational year following the initial award date shall disqualify the member from further renewals of that award. The member may only become eligible for another award by earning 60 approved credit hours in a period separate and distinct from the period for which a prior award was issued. (6) Each member who holds a valid, unexpired award shall receive a 25% discount from the normal registration fee for the Kentucky Bar Association Annual Convention. (7) The Association may publish annually in leading daily newspapers of general circulation throughout the Commonwealth an announcement of the members who during the preceding educational year have earned the Continuing Legal Education Award. The announcement shall describe the basis of the award and shall set forth in alphabetical order the name and geographical location of each recipient. A similar B&B; • 11.13 55 LXIX.