Ky. Sup. Ct. Order 2020-74

Supreme Court of Kentucky

2020-74

ORDER

IN RE: ATTORNEY DISCIPLINARY PROCEEDINGS PURSUANT TO

SUPREME COURT RULE III, PRACTICE OF LAW

In light of the declared federal and state emergencies regarding the

COVID-19 pandemic, and considering the need of the attorney regulatory

system to continue safe and efficient operations, pursuant to its exclusive

jurisdiction under Section 116 of the Constitution to regulate the practice of

law in the Commonwealth, the Supreme Court hereby orders as follows:

1. All meetings of the Inquiry Commission shall be conducted remotely.

The Office of Bar Counsel shall be responsible for scheduling the

remote proceedings.

2. All disciplinary hearings before a Trial Commissioner pursuant to SCR

3.230 et. seq. shall be conducted remotely.

a. The Trial Commissioner, Disciplinary Clerk, or Office of Bar

Counsel shall be responsible for scheduling the remote

proceedings.

b. The Trial Commissioner may choose to make a record using

available audio and video conference software (such as Zoom).

c. For purposes of consistency with SCR 3.340 under this

emergency order, real-time video and/or audio testimony shall

be considered in person testimony.

d. A subpoena issued for the appearance of a witness at a remote

disciplinary hearing shall provide instructions on how to access

the remote hearing. It is the responsibility of the party

requesting the subpoena to confirm a witness’s ability to

participate in a remote hearing. If the witness is not able to

participate in the remote hearing due to lack of access to

necessary technology, it is the responsibility of the party

requesting the subpoena to make arrangements for the witness

to appear at a location having sufficient video or audio

conference capabilities.

e. Pursuant to the Trial Commissioner’s authority to determine

and regulate the order of proceedings at a hearing, the Trial

Commissioner shall direct how exhibits are presented at the

remote hearing and how they are made part of the record. SCR

3.330.

3. All oral arguments before the Board of Governors pursuant to SCR

3.370(2) shall be conducted remotely. The Executive Director shall be

responsible for scheduling the remote proceedings.

This Order is effective upon entry and until further Order of this Court.

Entered this 10th day of December 2020.

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CHIEF JUSTICE

All sitting; all concur.