Bench & Bar

JAN 2018

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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Page 59 of 75

| JANUARY/FEBRUARY 2018 58 O f course the rest of that sentence is change itself. I consid- ered waxing philosophical by quoting Heraclitus and sagely observing, "you cannot step into the same river twice." In fact, I spent an inordinate amount of time on such considerations just to end up paraphrasing the concept. In any event, the point of this article is to inform you that there are a few changes to the Supreme Court Rules pertaining to continuing legal education of which I think you should be aware. ese changes have been through the public hearing process and were approved by the Court in November. ey became effective on Jan. 1, 2018. Without further ado, they are: • SCR 3.640(7) New lawyer program requirement: Lan- guage was added to exempt members who are active members of the U.S. armed forces and who have com - pleted mandatory new lawyer training of at least 12 credits, including 2 ethics credits, offered by the U.S. armed forces branch in which they are active members, and approved by the Director of CLE. • SCR 3.660(2) Procedure for accreditation of CLE activ- ities and obligations of sponsors: Language specifically laying out the accreditation fee schedule was removed and replaced with "All applications shall be accompanied by an application fee, as determined by the Commis- sion." is will allow the Commission flexibility to set accreditation fees as the market will allow, and to adjust them as needed. • SCR 3.665(1)(e) Exemptions and removal of exemp- tions: A new section was added to include that members who have been transferred to disability inactive status pursuant to membership rule SCR 3.030 are exempt from the annual mandatory minimum CLE requirement. • SCR 3.665(2)(a)(iii) Exemptions and removal of exemptions: A section was added to state that mem- bers classified as senior retired inactive, and as such are required to hold a CLE non-practice exemption, are permitted to donate legal services through approved programs. is is a change as all those holding CLE non-practice exemptions are currently prohibited from practicing law in Kentucky. e change was inserted by a previous amendment to the membership rule last year. is proposal is to update the CLE rule to reflect that change. • SCR 3.670(2) Extension of time requirements: e language was clarified somewhat and the non-hardship extension of time fee schedule was changed from increas- ing for annual recidivism, to increase with lateness. If the application is complete and received by August 15 th, the fee is $250; if received by September 15 th , the fee is $350; and if received by October 15 th , the fee is $500. No applications will be accepted after October 15 th . • SCR 3.675(4) & (6) Non-compliance procedure and sanctions: e language was amended slightly to exactly mirror the rule on dues suspensions and appeals, as the procedure is intended to be identical. • SCR 3.685 CLE requirements for restoration or rein- statement to membership: Changes to this rule reflect changes to the membership rules regarding the process a member granted disability inactive status must go through to have the status removed and be reinstated to the practice of law. It has also been amended to expand the lookback years for which we may consider CLE earned toward restoration/reinstatement. It was a two year lookback. It has been amended to be five years since the Rules require them to earn five years' worth of credits. If you have any questions about these or any other CLE Rules, please do not hesitate to contact me. Only àing Never Changes The That Is... BY: MARY BETH CUTTER, DIRECTOR FOR CLE CONTINUING LEGAL EDUCATION

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