Bench & Bar

SEP 2014

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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By: Deborah B. Simon M any of you may not be aware that you can earn CLE credits in several ways other t han by attending an accredited, approved educational program. The additional op- t ions are set out in SCR 3.650 and 3.655: LEGAL WRITING - A member who publish- es a legal writing that contributes to the le- gal competency of the attorney, other at- torneys or judges, and is approved by the CLE Commission, may earn CLE credits. (A writing for which the author is paid shall not be approved by the commission.) For this activity, a member may earn up to a maxi- mum of six credits per year. One hour of credit is earned for each two hours of actual preparation time including research, writing and editing. Any excess credits (up to 20 hours) will be applied toward the CLE Award established in SCR 3.690. PREPARATION TIME - An attorney will be eligible to receive one credit for each two hours spent in preparation as a panel mem- ber or seminar leader for an approved activi- ty, up to a maximum of 12 credits per educa- tional year. TEACHING - A member who teaches or participates as a panel member or seminar leader at an approved activity may earn one credit for each 60 minutes of actual in- structional time. PREPARATION TIME - A member may also earn one credit for each two hours spent re- searching, writing or editing material present- ed by another member at an approved activ- ity up to a maximum of 12 credits per year. LAW SCHOOL CLASS - If a member registers for and completes attendance of a law school class, whether for credit or by audit, he or she will be eligible for credits equal to two times the number of credit hours awarded by the law school for successful completion. PUBLIC SPEAKING - CLE credit may be earned for teaching or participating as a panel member, mock trial coach or seminar leader for law-related public service speeches to civic organizations or school groups. A maximum of two credits earned per educational year may be applied to meet the annual minimum requirement. (If you are paid for the public speaking, you are not eligible for credit.) NON-LEGAL SEMINARS - Attendance at seminars for non-lawyer professionals which will benefit the lawyer by delivering certain clients improved services in unique areas of practice may qualify for credits to be deter- mined on a case-by-case basis by the com- mission. Any credits earned under this cate- gory shall not count toward the annual re- quired minimum but may count as CLE award credits (see SCR 3.690). You might now realize that you have partici- pated in one or more of the activities de- scribed above and have not reported the same to the CLE Commission. What do you do? In a perfect world, all certifications of com- pletion of CLE activities must be received by the CLE Director no later than August 10 immediately following the educational year in which the activity is completed. You may submit a "past due" certification, however, along with a $50 fee per certificate, no later than June 30 for the educational year im- mediately following the year in which you completed the unreported activity. Some of the activities I have described in this article have particular reporting require- ments of which you must make yourself aware prior to sending in certifications to the CLE Director. This may be a good topic for a future article in the KBA Bench & Bar! In the meantime, should you have any questions regarding CLE credits or report- ing them, feel free to contact any of your Commission representatives or the CLE Di- rector or her staff. We will be happy to as- sist you. Deborah Simon attended DePauw University (B.A., History 1972), and the University of Ken- tucky College of Law (J.D., 1979). She was ad- mitted to the practice of law in Kentucky in 1979. She was employed by Morgan & Pot- tinger (Louisville); the Federal Land Bank (Louisville); Lloyd & McDaniel (Louisville); the commonwealth attorney for McCracken County; and self-employed since 1999. She was appointed by the Office of the U.S. Trustee to Chapter 7 panel of bankruptcy trustees for the Western District of Kentucky on Jan. 1, 2002, and still currently serves as a panel trustee in the U. S. Bankruptcy Court for the Western District of Kentucky, Paducah Divi- sion. She is a member of the Kentucky Bar As- sociation, McCracken County Bar Association, National Association of Bankruptcy Trustees, American Bankruptcy Institute, and the Rotary Club of Paducah. 48 B&B; • 9.14 C O N T I N U I N G L E G A L E D U C AT I O N EARNING AND REPORTING CLE CREDITS: LET ME COUNT THE WAYS... 2014-2015 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 Carl N. Frazier , Lexington, 5th Supreme Court District Shane C. Sidebottom , Covington 6 th Supreme Court District W. Mitchell Hall, Jr. , Ashland 7th Supreme Court District Justice Michelle M. Keller , Covington Supreme Court Liaison EXPERIENCE • 35 years experience • Over 50 court appearances • Special interest in criminal cases involving mental condi- tion at the time of the incident • Performed more than 500 of these evaluations EXPERTISE • Criminal responsibility • Competence to stand trial • Personal injury evaluations • Independent psychological examination • Disability Evaluations • Expert opinion offered to defense or prosecution FORENSIC PSYCHOLOGY SERVICES 343 Waller Ave., #300 859.276.1836 Lexington, KY 40504 Harwell F. Smith,Ph.D. Board Certified Clinical P syc hologist

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