Ky. Sup. Ct. Order 2023-34

Supreme Court of Kentucky

2023-34

IN RE: Approval of Amendments to the Administrative Regulations of

the Inquiry Commission of the Kentucky Bar Association

ORDER

At the request of the Inquiry Commission of the Kentucky Bar

Association and under SCR 3.140(4), the amendments to the Administrative

Regulations of the Inquiry Commission adopted by the Commission in January

2023, and attached hereto, are hereby approved.

This Order shall be effective February 4, 2023, nunc pro tunc.

Entered this 22nd day of September 2023.

All sitting; all concur.

____________________________________

CHIEF JUSTICE

ICR XI. Reinstatement and Restoration

(a) Forms. The Inquiry Commission shall prepare, approve, and maintain all forms to be

provided to applicants applying for reinstatement and restoration. Forms may be

electronically maintained by the Inquiry Commission. The forms will be available on the

Kentucky Bar Association’s website.

(b) Fees and Costs. The Inquiry Commission shall establish filing fees and costs to be paid in

reinstatement and restoration matters. All filing fees and costs shall be payable to the

Kentucky Bar Association. Those fees and Costs are as follows:

(i) Filing Fee for Affidavit of Compliance: $250.00.

(ii) Reinstatements when the period of suspension has prevailed for less than 5 years.

TYPE AMOUNT

Reinstatement Filing Fee $250.00

Deposit Against Costs $2,500.00

Character and Fitness Fee $1,000.00

TOTAL $3,750.00

(iii) Reinstatements when the period of suspension has prevailed for more than 5 years.

TYPE AMOUNT

Reinstatement Filing Fee $250.00

Deposit Against Costs $2,500.00

Character and Fitness Fee $1,000.00

TOTAL $3,750.00

(iv) Restorations for former members whose withdrawal or suspension has prevailed

for less than 5 years.

TYPE AMOUNT

Restoration Filing Fee $350.00

TOTAL $350.00

(v) Restorations for former members whose withdrawal or suspension has prevailed

for more than 5 years.

TYPE AMOUNT

Restoration Filing Fee $350.00

Application Filing Fee - SCR 3.504(3)(d) $400.00

Deposit Against Costs $2,500.00

TOTAL $3,250.00

(vi) Request for review of the Inquiry Commission’s order denying reinstatement,

pursuant to SCR 3.501(7).

TYPE AMOUNT

Filing Fee $250.00

Deposit Against Costs $2,500.00

Character and Fitness Fee $1,000.00

TOTAL $3,750.00

(vii) Reinstatement and Restorations when the applicant has been suspended for

disciplinary reasons and administratively suspended for less than 5 years.

TYPE AMOUNT

Reinstatement and Restoration Fee $600.00

Deposit Against Costs $3,000.00

Character and Fitness Fee $1,000.00

TOTAL $4,600.00

(viii) Reinstatement and Restorations when the applicant has been suspended for

disciplinary reasons and administratively suspended for more than 5

years.

TYPE AMOUNT

Reinstatement and Restoration Filing Fee $1,000.00

Deposit Against Costs $6,250.00

Character and Fitness Fee $1,000.00

TOTAL $8,250.00

(ix) One-time Certification Fees (payable to each individual department).

TYPE AMOUNT

Office of Bar Counsel $50.00

Continuing Legal Education $50.00

Accounting/Membership $50.00

TOTAL $150.00

(x) Restorations for former members whose withdrawal or suspension has prevailed

for less than five (5) years when the Board of Governors refers the matter to the

Inquiry Commission pursuant to SCR 3.504(2)(d).

TYPE AMOUNT

Restoration Filing Fee $500.00

TOTAL $500.00

All filing fees are non-refundable. All unused costs shall be returned to the applicant. All

applicants shall be responsible for any costs incurred after the initial deposit against costs

has been exhausted.

(c) Meetings. The Inquiry Commission shall consider all matters pertaining to reinstatements

and restorations at its regularly scheduled monthly meetings.

(d) Action between meetings. The Chair of the Inquiry Commission may call a meeting of any

panel to timely consider an application for reinstatement or restoration or to conduct

business as provided in SCR 3.501, 3.502, or 3.504, between its regularly scheduled

monthly meetings.

(e) Meetings minutes. The Inquiry Commission meetings of each Panel considering

reinstatements or restorations shall be recorded in a set of minutes signed by the Panel

Chair, which identifies all persons in attendance and sets forth the disposition of each

matter considered.

(f) Assignments of cases to Panels. When a reinstatement or restoration matter is ready for

consideration by the Inquiry Commission, the matter shall be assigned to the Panel

scheduled to meet at the next monthly meeting. If there is a known conflict which prevents

a member or members of that Panel from considering a reinstatement or restoration matter,

it shall be assigned to another Panel to permit the matter to be acted upon according to the

time set out in the rules.

(g) Pleadings. All pleadings following the filing of an affidavit of compliance, or an

application for reinstatement or restoration, shall be filed with the Disciplinary Clerk for

distribution to all parties. The Disciplinary Clerk shall prepare and distribute a receipt

notice showing the filing of any pleading.

(h) Transmitting materials to Panel members. Bar Counsel staff shall provide all

reinstatement and restoration materials for Panel meetings to the Panel members in a timely

manner, so members have adequate time to review the materials before the meeting. The

materials may be provided by mail or electronic means.

(i) FAQ. There will be placed on the Kentucky Bar Association’s website a series of frequently

asked questions to help guide members who are applying for reinstatement or restoration.

(j) Unpaid back bar dues or fees. Applicants for restoration who have been suspended for

failure to pay dues or licensing fees as provided by SCR 3.050, or for failure to comply

with the continuing legal education requirements of SCR 3.645, shall pay all unpaid Bar

dues or licensing fees for all of the years they have been suspended. The amount will be

sent to the applicant in a statement provided by the Kentucky Bar Association Accounting

Department. Applicants who have withdrawn from membership, pursuant to SCR 3.480(1),

are not required to pay back dues or licensing fees.

(k) Notification of Registrar and Disciplinary Clerk of No Objection to Reinstatement. If Bar

Counsel does not file an objection to an Applicant’s reinstatement pursuant to SCR

3.501(4), Bar Counsel shall notify the Disciplinary Clerk and the Registrar by letter that

the Registrar may enter a Notice of Reinstatement pursuant to SCR 3.501(5).