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/245872
CONTINUING LEGAL EDUCATION THE NEW YEAR BRINGS NEW CONTINUING By: Shane C. Sidebottom LEGAL EDUCATION RULES The Kentucky Supreme Court has approved changes to the Supreme Court Rules that will substantially affect annual continuing legal education (CLE) requirements for Kentucky Bar Members. These rules became effective as of Jan. 1, 2014. For your convenience, the major changes have been highlighted below. 1) The actual Supreme Court Rule numbers that govern CLE have changed. These numbering changes were necessary to aid in internal consistency as well as consistency with the rest of the Supreme Court Rules of practice. The rule numbering changes also include significant reorganization in an attempt to reduce redundancies, and to clarify and simplify the rules. Due to these changes in the rule numbering, there will be new CLE forms, effective Jan. 1, 2014. 2) The most significant change to the CLE rules, and likely most popular, is the reduction of the annual minimum CLE reporting requirement from 12.5 to 12 hours. The annual 12.5 hour CLE requirement is a holdover result of Kentucky's conversion from a 50- minute to a 60-minute CLE hour. Kentucky and Louisiana were the only states with an annual 12.5 hour CLE requirement for its members. Every state contiguous to Kentucky has a 12 credit hour per year requirement, or multiples of 12 (reporting every two-three years). After much consideration and internal debate, the change was made. Members should note that minimum required Ethics hours per year (2 hours), remains the same. requires earning one year of CLE (12 hours, 2 Ethics) in order to remove the exemption. The member would still be responsible for earning the current year requirement after removal of the exemption. 3) Another important change of the CLE Rules concerns the availability of non-hardship time extensions for members who are deficient CLE hours when the June 30 reporting time arrives. The rule was that a member could only get a non-hardship time extension once every three years. The new rule makes this extension available to members every year, but with a progressive fee schedule. The fee will remain $250 for the first year, but now increases to $350 for the second year, and to $500 for all subsequent years. If a member goes three years without applying for a non-hardship extension, the fee schedule will reset back to $250. The non-hardship CLE reporting deadline remains September 10 of each year. If you any questions about the new CLE rules, contact your district's CLE commission member. 4) The CLE requirement for removing a CLE non-practice exemption is lowered by the new rules. The former rule required a member seeking to remove a non-practice exemption to earn sufficient CLEs to be compliant for each year the exemption is held, capped at two years' worth of credits (25, including 4 Ethics). The new rule Shane C. Sidebottom, a 1999 graduate of the Salmon P. Chase College of Law, practices with the Northern Kentucky law firm, Wolnitzek, Rowekamp & DeMarcus, P.S.C. Sidebottom maintains a diverse general practice with areas of concentration that include state whistleblower actions, employment law, government employee representation, federal litigation, school law and U.S. immigration law. Sidebottom has been appointed by the Kentucky Supreme Court for consecutive terms as the Sixth Judicial Representative of the Continuing Legal Education Commission, and will complete his second term on June 30, 2015. Sidebottom is also the 2014 KBA Convention Chair for CLE Programs. 2013-2014 CLE Commission Members Deborah B. Simon, Paducah 1st Supreme Court District Matthew P. Cook, Bowling Green 2nd Supreme Court District Julie Roberts Gillum, Somerset 3rd Supreme Court District Janet Jakubowicz, Louisville Chair, 4th Supreme Court District Janis E. Clark of Versailles, 5th Supreme Court District Shane C. Sidebottom, Covington 6th Supreme Court District 40 William Mitchell Hall, Jr., Ashland 7th Supreme Court District B&B; • 1.14