Ky. Sup. Ct. Order 2022-11 XXVI

fewer than 181 days

New rule SCR 3.501 shall read:

1) If the period of suspension has prevailed fewer than 181 days, a

suspended member (“Applicant”) may request reinstatement upon the

filing of an affidavit of compliance with the Disciplinary Clerk. The

affidavit of compliance shall be on a form or forms provided by the

Inquiry Commission. An Applicant shall certify that a copy of the

affidavit was mailed to Bar Counsel. The affidavit shall be filed no

earlier than ten (10) days before the end of the suspension period and

shall be accompanied by a filing fee as established by the Inquiry

Commission pursuant to SCR 3.140(4) and payable to the Kentucky

Bar Association.

2) The affidavit of compliance shall contain the following information,

statements, and attachments:

a) That the Applicant has complied with all terms and conditions in

the Court’s suspension order(s);

i. If the Applicant was ordered to make a refund to a client or

other person(s), proof of such refund(s) shall be attached along

with a certification from the KBA Accounting Department that

all costs of the disciplinary proceedings have been paid;

ii. If the Applicant was ordered to comply with any conditions

involving the Kentucky Lawyer Assistance Program (KYLAP),

Applicant shall attach a statement from the KYLAP Director that

he/she is in compliance with the Court’s suspension order and

any KYLAP agreement(s);

b) A certification from the Office of Bar Counsel that:

i. The Applicant has no pending Client Security Fund claims, nor

any unpaid Client Security Fund awards;

ii. The Applicant is not the subject of any pending disciplinary

matters in any jurisdiction;

c) A certification from the CLE Commission that the suspended

member is in compliance with SCR 3.685;

d) That the Applicant is not the subject of any pending criminal

matter in any jurisdiction, nor were any criminal matters in which

the Applicant was a defendant concluded during the period of

suspension;

e) A disclosure of whether the Applicant is a defendant or respondent

in any civil or administrative matter where it is alleged the

Applicant committed acts of dishonesty, fraud, deceit, or

misrepresentation;

f) That the Applicant has not been found in contempt of court during

the period of suspension, nor has the Applicant become the subject

of a domestic violence order; and

g) That the Applicant appreciates the wrongfulness of his/her prior

adjudicated misconduct.

3) The Inquiry Commission shall deny reinstatement if the Applicant

fails to provide the complete, required information listed in subsection

(2) or demonstrates a lack of candor in the materials provided. An

Applicant has a continuing obligation to update and supplement all

materials submitted throughout the entire reinstatement process.

4) Within ten (10) days after the filing of a completed affidavit of

compliance, Bar Counsel may file an objection to the Applicant’s

reinstatement, stating its grounds for the objection. Bar Counsel shall

certify that a copy of its objection is sent to the Applicant at the

address provided on the affidavit of compliance. The Applicant may

file a response to the objection or supplement the application within

twenty (20) days of the filing of the objection.

5) If Bar Counsel does not file an objection to an Applicant’s

reinstatement, the Disciplinary Clerk shall notify the Registrar of the

Association. The Registrar shall make appropriate entries in the

Association’s records reflecting that the Applicant has been reinstated

and shall file a notice of reinstatement with the Disciplinary Clerk.

The Disciplinary Clerk shall provide a copy of the notice to the

Applicant and Bar Counsel. An Applicant shall not resume practice

until the notice of reinstatement is filed with the Disciplinary Clerk.

6) If Bar Counsel files an objection to an Applicant’s reinstatement, the

matter shall be placed on the Inquiry Commission’s docket within

thirty (30) days.

a) If the Inquiry Commission determines that the Applicant should be

reinstated, the Inquiry Commission shall file an order approving

the Applicant’s reinstatement with the Disciplinary Clerk. The

order shall authorize the Registrar to make appropriate entries in

the Association’s records reflecting that the Applicant has been

reinstated and shall file a notice of reinstatement with the

Disciplinary Clerk. The Disciplinary Clerk shall provide a copy of

the notice to the Applicant and Bar Counsel. An Applicant shall

not resume practice until the notice of reinstatement is filed with

the Disciplinary Clerk.

b) If the Inquiry Commission determines that the Applicant should

not be reinstated, the Inquiry Commission shall file an order

denying reinstatement with the Disciplinary Clerk.

7) An Applicant may file a request for review of the Inquiry Commission’s

order denying with the Disciplinary Clerk within thirty (30) days. The

request for review shall be accompanied by a complete application for

reinstatement, on a form or forms provided by the Inquiry

Commission, and a filing fee as established by the Inquiry

Commission pursuant to SCR 3.140(4) and payable to the Kentucky

Bar Association. The matter shall then proceed to the Character and

Fitness Committee for hearing consistent with SCR 3.502(6).