Ky. Sup. Ct. Order 2020-60 SCR 2.120

To Practice Law

Rule 2.120 shall read:

An applicant approved for admission under SCR 2.085, 2.090, 2.110, 2.111 or

2.112 must apply for and be granted a certificate of admission prior to

engaging in the practice of law in this state. As prerequisites for the issuance of

such a certificate an applicant shall pay the current annual dues or fees of the

Kentucky Bar Association authorized under SCR 3.040, and a final fee of fifty

dollars ($50.00) to the Kentucky Office of Bar Admissions, and shall be

administered the Constitutional Oath of Office either by a Justice of the

Supreme Court or by the Clerk of the Supreme Court. Upon completion of the

prerequisites, the Clerk shall deliver to the applicant a Certificate of Admission

on a form approved by the Court, and the issuance of the certificate shall be

duly recorded by the Clerk.

SCR 3.500 Restoration to membership

Rule 3.500(3) shall read:

(3) A former member whose withdrawal or suspension from membership has

prevailed for 5 years or longer may apply for restoration by:

(a) Submitting an application for restoration using the forms provided by

the Director, with a fee of seven hundred fifty dollars ($750.00) and all

applicable unpaid Bar Association dues; and

(b) Submitting with the application a certificate from the Office of Bar

Counsel that the former member has no pending disciplinary matters; and

(c) Submitting with the application a certificate from the Director of

Continuing Legal Education pursuant to SCR 3.685.

(d) Upon the filing of the foregoing items, the Director shall refer the

application to the Character and Fitness Committee of the Kentucky Office of

Bar Admissions for proceedings pursuant to SCR 2.040 and SCR 2.011. An

additional fee of $750.00 shall be paid to the Kentucky Office of Bar

Admissions. Upon completion of its review, the Character and Fitness

Committee shall submit its recommendation to the Board of Governors for its

action and recommendation to the Court.

(e) If the Character and Fitness Committee recommends approval of the

application and the Board concurs, the application shall be referred to the

Board of Bar Examiners of the Kentucky Office of Bar Admissions, for the

administration of a written examination which includes the subject of

professional ethics and five essays relating to Kentucky law. A general average

score of 75% or higher shall be deemed a passing score. Fees required by SCR

2.022, and SCR 2.023 shall be paid prior to taking the examination. As an

alternative and upon referral from the Board of Governors, if the Applicant has

practiced in a reciprocal jurisdiction after withdrawal pursuant to SCR 3.480

and meets all requirements of SCR 2.110, the Applicant may elect to have the

Character and Fitness Committee consider an application for admission

without examination under SCR 2.110. All fees required by that rule shall be

paid prior to the processing of the application, instead of the fee referenced in

subsection 3(d) of this rule.

If the Applicant passes the examination or is approved for admission

without examination, such fact shall be certified to the Court and to the

Director, together with a recommendation for the Applicant's restoration to

membership. Upon this certification, the Disciplinary Clerk shall transmit the

record to the Court for its consideration of the application for restoration. If the

applicant fails the examination, the Board of Bar Examiners shall certify the

fact of the failure to the Court and the Director. Upon that certification, the

Disciplinary Clerk shall transmit the record to the Court for entry of an order

denying restoration.

The provisions of SCR 2.015, SCR 2.080, and SCR 2.110 shall apply

where not inconsistent with these provisions.

This Order shall be effective September 1, 2020, and until further Order

of this Court.

Entered this 14th day of August 2020.

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CHIEF JUSTICE

All sitting; all concur.