Ky. Sup. Ct. Order 2022-11 XVI

Sections 1, Subsection (b) to Section 2, Subsection (a)(iv) to Section 4,

and Sections 5 and 6 of SCR 3.150 shall read:

1) Confidentiality. In a discipline matter, the proceeding is confidential

prior to the filing of a verified answer to a Charge or, in the case of

default, until thirty (30) days following service on the Respondent

pursuant to SCR 3.164.

2) a) Notwithstanding subsection (1), the pendency, subject matter and

status may be disclosed by Bar Counsel if:

i. The Respondent has waived confidentiality;

ii. The proceeding involves public reciprocal discipline;

iii. The disclosure of any information is made for the

purpose of conducting an investigation by the Inquiry

Commission or the Office of Bar Counsel; or

iv. A Motion for Temporary Suspension is pending.

b) After considering the protection of the public, the interests of the

Bar, and the interest of the Respondent in maintaining the

confidentiality of the proceeding prior to the filing of a verified

answer to a Charge or, in the case of default, until thirty (30) days

following service on the Respondent pursuant to SCR 3.164, the

pendency, subject matter and status may also be disclosed by Bar

Counsel at the discretion of the Chair of the Inquiry Commission,

or of the Chair's lawyer member designee, if:

i. The proceeding is based upon an allegation that the

Respondent has been charged with a crime arising

from the same nexus of facts; or

ii. The proceeding is based upon a finding by a court in a

civil matter that an attorney has committed conduct

that may constitute a violation of the Rules of

Professional Conduct.

4) a) Request for Non-Public Information. A request for non-public

information to the Office of Bar Counsel may be considered by the

Inquiry Commission and may be granted if the request is made by:

i. The Character and Fitness Committee;

ii. A Lawyer Disciplinary Enforcement Agency;

iii. A Judicial Disciplinary Enforcement Agency; or

iv. The Chief Justice of the Kentucky Supreme Court.

b) A request for non-public information to the Office of Bar Counsel

may be considered by the Court if the request is made by a Law

Enforcement Agency, or other official authorized by federal or any

state’s law to investigate or prosecute misdemeanors or felonies, or

the equivalent thereof, in any jurisdiction, provided that the agency

or official certifies under oath with specificity that the information

is necessary to a pending investigation. In this event the

Respondent shall receive notice unless the Court determines that

disclosure of the request would seriously prejudice the

investigation.

c) In the absence of a third-party request, the Inquiry Commission

may permit the disclosure of any non-public information to any of

the entities listed in (4)(a) upon application to it by the Office of Bar

Counsel.

d) In the event of a request under (4)(a) or (c) notice to the

Respondent is not required, although the Inquiry Commission may

require notice upon review of the application.

5) Public Proceedings. Upon the filing of a verified answer to a Charge or,

in the case of default, thirty (30) days following service on the

Respondent pursuant to SCR 3.164, or upon the filing of a petition for

reinstatement, an application for restoration, or an affidavit of

compliance pursuant to 3.501, the record of the Disciplinary Clerk,

and any further proceedings before the Board or Court, shall be

public except for:

a) deliberations of the Inquiry Commission, Board of

Governors, or the Court; or

b) information with respect to which a protective order has

been issued.

6) Protective Orders. The Inquiry Commission, the Trial Commissioner,

the Board, or the Court, which at the time the order is sought has the

case pending before it, may, upon application of any person or entity,

and for good cause shown, issue a protective order. Such an order

may protect the interests of a Complainant, witness, third party,

Respondent, Applicant or Bar Counsel. The order may prohibit the

disclosure of specific information otherwise privileged or confidential

and direct that the proceedings be conducted so as to implement the

order, including requiring that the hearing be conducted in such a

way as to preserve the confidentiality of the information that is the

subject of the application.