Ky. Sup. Ct. Order 2022-11 XXVII

or more

New rule SCR 3.502 shall read:

1) No former member of the Association who has been suspended for

disciplinary reasons for 181 days or more, or whose suspension has

prevailed for 181 days or more, shall resume practice until he/she is

reinstated by order of the Court.

2) An application for reinstatement shall be on a form or forms provided

by the Inquiry Commission and filed with the Disciplinary Clerk. The

application shall be accompanied by the following items:

a) A certification from the KBA Accounting Department that all costs

of the disciplinary proceedings and all applicable Bar dues have

been paid;

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

i. There are no pending disciplinary matters against the

Applicant;

ii. There are no pending Client Security Fund claims against the

Applicant; and

iii. There are no unpaid Client Security Fund awards against the

Applicant.

c) A certification from the CLE Commission that the Applicant is in

compliance with SCR 3.685; and

d) A filing fee as established by the Inquiry Commission pursuant to

SCR 3.140(4) and payable to the Kentucky Bar Association.

3) If the application is not accompanied by the items listed above, the

Disciplinary Clerk shall reject the application and issue a notice to

Applicant and the Office of Bar Counsel, that the application is

incomplete. The notice shall list the missing item(s).

4) Within sixty (60) days after the filing of an application that is accepted

by the Disciplinary Clerk, the Inquiry Commission shall review the

application. Bar Counsel shall have the right to file a notice

identifying any deficiencies in the application. If the Commission

determines that deficiencies exist in the application and/or additional

information is required from the Applicant, it shall issue a notice

listing the deficiencies and/or the additional required information. An

Applicant shall have no longer than 180 days to cure any deficiencies.

If an Applicant fails to cure any deficiencies within the time allowed

by this Rule, the Commission shall enter an order denying the

application for reinstatement from which there will be no appeal.

5) If the Inquiry Commission determines an application is complete, a

scheduling order shall be entered setting out the time for the Office of

Bar Counsel to investigate the application, which may involve the use

of independent investigators. Failure of an Applicant to cooperate or

participate in the investigative process may result in the denial of the

application for reinstatement. The burden of proof shall rest upon the

Applicant to prove by clear and convincing evidence that he/she

possesses the requisite character, fitness and moral qualification for

re-admission to the practice of law.

6) Upon completion of the investigatory process, the matter shall

proceed to the Character and Fitness Committee to conduct a formal

hearing on the record. The Executive Director and Disciplinary Clerk

shall transmit the record to the Committee for its review.

a) A formal hearing on the record will not be required if the Applicant,

Office of Bar Counsel, and a majority of the Committee all agree

within thirty (30) days of receipt of the matter from the Inquiry

Commission that based upon the record, the Applicant has met

his/her burden and should be reinstated to practice. In that event,

the matter shall proceed directly from the Committee to the Court

for its review. The Committee shall return the record to the

Executive Director and Disciplinary Clerk to file with the Court.

b) If there is no agreement pursuant to subsection (a) above, the

Committee shall hold a formal hearing on the record within ninety

(90) days of receipt of the record from the Disciplinary Clerk. Notice

of the hearing date will be served on the parties not less than

fourteen (14) days before the hearing. The parties shall be allowed

to file post-hearing memoranda. The Committee shall file its report

and the record with the Disciplinary Clerk within sixty (60) days of

receipt of the hearing transcript.

c) Prior to the formal hearing, the Committee may request the parties

to file a pre-hearing memorandum to address any issues of fact or

law and/or may identify certain issues of law or fact the Committee

would like addressed at the formal hearing.

d) Either party may file a notice of appeal of the Committee’s report

within thirty (30) days after the filing with the Disciplinary Clerk. If

no notice of appeal is timely filed, the entire record shall be

forwarded to the Court for entry of a final order pursuant to SCR

3.370(9).

e) If a notice of appeal to the Board of Governors is timely filed

pursuant to subsection (6)(d), the matter shall proceed to the

Board of Governors pursuant to SCR 3.370. The Board of

Governors by a vote of a majority of the Board of Governors

present and voting may remand the case to the Character and

Fitness Committee for clarification of the report or for an

evidentiary hearing on points specified in the order of remand. The

Board of Governors may order the parties to file additional briefs

on specific issues.