Ky. Sup. Ct. Order 2022-11 XXIX

New rule SCR 3.504 shall read:

1) A former member who has withdrawn from membership pursuant to

SCR 3.480(1), or who was suspended for failure to pay dues as

provided by SCR 3.050, or for failure to comply with the continuing

legal education requirements of SCR 3.645 may be restored to

membership upon compliance with the conditions set forth in this

rule. No application for restoration shall be effective until entry of an

order of restoration by the Board of Governors or the Court, as

provided herein. Until the entry of such an order, the suspension or

withdrawal from membership remains in force.

2) A former member whose withdrawal or suspension from membership

has prevailed for less than 5 years may apply for restoration by:

a) Submitting an application for restoration using the forms provided

by the Director, with a fee as established by the Inquiry

Commission pursuant to SCR 3.140(4) 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 Office of Bar Counsel

shall present the matter to the Board at its next meeting, or, if not

contested, at any time by mail or electronic means. Within 30 days

of its review of the complete application materials, the Board may

restore the Applicant to membership or refer the matter to the

Inquiry Commission for proceedings pursuant to SCR 3.502, et

seq. If the matter is referred to the Inquiry Commission, the

Applicant shall pay a fee as established by the Inquiry Commission

pursuant to SCR 3.140(4) to the Kentucky Bar Association.

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 as established by the Inquiry

Commission pursuant to SCR 3.140(4) 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 Inquiry Commission for proceedings pursuant to

SCR 3.502, et seq. An additional fee as established by the Inquiry

Commission pursuant to SCR 3.140(4) shall be paid to the

Kentucky Bar Association.

e) If, after review of the application pursuant to SCR 3.502, the

Character and Fitness Committee recommends approval of the

application after proceedings pursuant to SCR 3.502(6) and no

appeal is taken to the Board of Governors, within 30 days the

application shall be referred to the Disciplinary Clerk, who shall

issue a notice of recommended approval 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 5 of the subjects listed in SCR 2.080(1).

A general average score of 75% or higher shall be deemed a

passing score. Any required fees 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. All fees required 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.

4) All costs incurred in excess of the filing fee shall be paid by the

Applicant.

5) The burden of proof for establishing the Applicant's present

qualifications to practice law in Kentucky is on the Applicant.

6) If the Inquiry Commission or the Board of Governors recommends

restoration of membership on conditions, such conditions may be

imposed by the Board for an application processed by it under

subsection (2)(d) of this rule, or by the Court in any order of

restoration.

7) In the event of failure to comply with any conditions imposed by the

Board or the Court upon restoration, the Office of Bar Counsel may:

a) Request that the Board or the Court extend the term and impose

additional condition(s); or

b) Recommend to the Court revocation of the license to practice law.