Ky. Sup. Ct. Order 2022-54

Supreme Court of Kentucky

2022-54

ORDER

In Re: Order Amending Rules of the Supreme Court (SCR)

The following amendment to the Supreme Court Rules shall be effective

April 1, 2022, nunc pro tunc:

SCR 3.023 Disclosure of Professional Liability Insurance

SCR 3.023 shall read:

1) On or before September 1 of each year, every active member of the

Association shall certify to the Executive Director in such form and

manner as the Board may designate:

a) Whether the member is engaged in the private practice of law;

b) If engaged in the private practice of law, whether the member is

currently covered by a policy of professional liability insurance

with minimum limits of $100,000.00 per claim and $300,000.00

aggregate for all claims during the policy term; and

c) Whether the member is exempt from the disclosure provisions of

this Rule.

2) If any active member not exempt from the provisions of this Rule as

provided in paragraph (5) fails to certify by October 1 of each year that

the member is in compliance with this Rule, the member shall be

assessed a late fee of fifty dollars ($50.00).

3) Each member who has previously reported being covered by

professional liability insurance as set forth in paragraph 1(b) of this

Rule shall notify the Executive Director in writing in such form and

manner as the Board may designate within 30 days if the insurance

policy providing coverage lapses, terminates, or is no longer in effect

for any reason.

4) The information disclosed pursuant to this Rule will be made

available to the public by such means as the Board may designate.

5) The following members are exempt from the disclosure provisions of

this Rule:

a) Members who are employed by a government entity and who do

not represent clients outside of that capacity; and

b) Members who are employed by an organization client and who do

not represent clients outside of that capacity.

c) Members who are designated as honorary members in the

association bylaws under SCR 3.030(4).

Entered this 2nd day of December 2022.

All sitting; all concur.

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CHIEF JUSTICE