Ky. Sup. Ct. Order 2022-11 VII

membership

Subsection (b) of Section 3 and Subsection (b) of Section 6 of SCR 3.030

shall read:

3) a) If any attorney continues to appear on the basis of pro hac vice

admission per subsection (2), the attorney shall pay a renewal fee

every year until the case is concluded. The renewal fee shall be due

on the one-year anniversary of the attorney's original pro hac vice

admission. Any subsequent renewal fees shall be due in subsequent

years on the same calendar date. The renewal fee payment shall be

equal to the annual dues paid by KBA members who have been

admitted to practice for five years or more.

b) Failure to pay the renewal fee within thirty (30) days of the due

date will result in the attorney being suspended from appearing in

any case in which he or she has been admitted pro hac vice. Upon

notification of the failure of payment, members of the KBA serving as

co-counsel shall immediately notify the court in which the case is

pending.

6) a) A class of membership is established to be known as “Disabled

Inactive Member.” An attorney admitted to practice in this state who

has been, because of a mental or physical condition, judicially

declared to be a person under a legal disability, or for whom probable

cause exists to believe that the attorney has a mental or physical

condition that substantially impairs his/her ability to practice law

shall provide to the Director of the Kentucky Bar Association a

detailed written report from a licensed qualified health care provider

who has examined the attorney setting out the findings of the health

care provider, including the results of all tests made, diagnoses and

conclusions. The Director shall present the matter to the Board who

may enter an order transferring the attorney to Disability Inactive

Status. An attorney classified under this subsection is not required

to pay dues or obtain the annual CLE requirement pursuant to SCR

3.645. This status shall be reflected on the attorney's membership

record. No attorney classified under this status may engage in the

practice of law in this state. Any disciplinary proceedings against the

attorney shall be stayed while the attorney is on disability inactive

status. Any report and supporting records from a health care

provider regarding the treatment of the attorney shall be confidential

and sealed.

b) An attorney transferred to disability inactive status may file a

petition with the Court for restoration to active status. A copy of the

petition shall be served on Bar Counsel, who shall have twenty (20)

days to file a response to the petition. If Bar Counsel objects to the

petition, the matter shall be referred to the Character and Fitness

Committee to conduct proceedings under SCR 3.502 and SCR 3.503.

If Bar Counsel has no objection to the petition the Court may enter

an order restoring the attorney to active status with or without

conditions or refer the matter to the Character and Fitness

Committee to conduct proceedings under SCR 3.502 and SCR 3.503.

If an attorney is restored to active status, any disciplinary

proceedings that have been stayed will be resumed.