Ky. Sup. Ct. Order 2022-11 XXII

Sections 3, 4, 6, 7, 8, 9, 10 and 11 of SCR 3.370 shall read:

3) Within sixty (60) days of completion of briefing by the parties, the Board

shall consider and act upon the entire record. Only the President, the

President-Elect, the Vice-President, the fourteen (14) duly-elected

members of the Board from their respective Supreme Court Districts,

and four (4) adult citizens of the Commonwealth who are not lawyers

appointed by the Chief Justice as hereinafter described, shall be eligible

to be present, participate in and vote on any disciplinary or

reinstatement case. Any member, including a non-lawyer member, who

has participated in any phase of a disciplinary or reinstatement case

submitted to the Board under this rule, or who has been challenged on

grounds sufficient to disqualify a Circuit Judge shall be disqualified. If

disqualification or absence results in lack of a quorum the Chief Justice

shall appoint a member or members (or, if applicable, non-lawyer

participants) sufficient to provide a quorum to consider and act on the

cases. Any challenge to a member's qualifications shall be determined by

the Chief Justice in accordance with KRS 26A.015, et seq.

4) Eleven (11) of those qualified to sit in a disciplinary or reinstatement

matter must be present to constitute a quorum for consideration of such

matters.

6) In a reinstatement matter, the Board shall review the record, report and

brief and recommend approval or disapproval of the application.

7) The Board shall issue a written decision within forty-five (45) days of

voting on the cases. The Disciplinary Clerk shall mail copies of such

report to the Respondent, counsel of record, and to each member of the

Inquiry Commission. The Disciplinary Clerk shall place ten (10) copies of

the report in the record and file the entire record of the case with the

Court, unless the Board has taken actions under subsection (5)(d), in

which case the matter will proceed in accordance with the Board's

direction.

8) Within thirty (30) days after the Board's decision is filed with the

Disciplinary Clerk, Bar Counsel or the Respondent may file with the

Court a Notice for the Court to review the Board's decision stating

reasons for review, accompanied by a brief, not to exceed thirty (30)

pages in length, supporting his/her position on the merits of the case.

The opposing party may file a brief, not to exceed thirty (30) pages in

length, within thirty (30) days thereafter. No reply brief shall be filed

unless by order of the Court.

9) If no notice of review is filed by either party, the Court may notify Bar

Counsel and Respondent that it will review the decision. If the Court so

acts, Bar Counsel and Respondent may each file briefs, not to exceed

thirty (30) pages in length, within thirty (30) days, with no right to file

reply briefs unless by order of the Court, whereupon the case shall stand

submitted. Thereafter, the Court shall enter such orders or opinion as it

deems appropriate on the entire record.

10) If no notice of review is filed by either of the parties, or the Court under

subsection (8) of this rule, the Court shall enter an order adopting the

decision of the Board, Trial Commissioner, or the Character and Fitness

Committee, whichever the case may be, relating to all matters.

11) In each disciplinary case to be presented to the Trial Commissioner,

there shall be supplied with the Disciplinary Clerk's file a sealed envelope

containing a statement of the Respondent's years of membership in the

Association, all orders of unprofessional conduct, and all withdrawals

from the association and reasons therefor. The envelope will be opened

only if the Trial Commissioner makes a finding of a violation and may be

considered in deciding what discipline to impose. Such statement will

become part of the record of the case and be transmitted with the rest of

the file to the Disciplinary Clerk, Board and/or Supreme Court. Before

submission of a case to the Trial Commissioner or the Board a copy of

said statement shall be sent to the Respondent, who may review

documents relative to it at the Bar Center and may comment to the Trial

Commissioner or the Board upon the statement and point out errors

contained in it.