Ky. Sup. Ct. Order 2025-06 SCR 2.008

SCR 2.008 shall read:

An applicant is entitled to receive his or her test scores and/or any items

approved for release by the National Conference of Bar Examiners upon written

request and without charge. The Office of Bar Admissions shall not disclose to

anyone other than an applicant any information with respect to the character

and fitness investigation or the examination results of any applicant except:

(a) upon written authority of such applicant and upon payment of any

fees required by the Board for copies of such reports;

(b) in response to a valid subpoena from a Court of competent

jurisdiction;

(c) to the Director, Kentucky Bar Association;

(d) upon request by a disciplinary enforcement agency or a Character

and Fitness Committee or equivalent body of any jurisdiction, relating to an

investigation of the applicant; or

(e) to the National Conference of Bar Examiners for purposes of scoring

examinations and to certify and transfer an applicant's examination scores to

other jurisdictions upon request by the applicant.

SCR 2.010 Requirements for admission to the Kentucky bar

SCR 2.010 shall read:

All applicants for admission to the Bar of this Commonwealth must meet

certain basic requirements regardless of whether admission is sought by

examination (SCR 2.022), by transferred Uniform Bar Examination score (SCR

2.090), without examination (SCR 2.110), for a limited certificate (SCR 2.111),

or as an attorney participant in a defender or legal services program (SCR

2.112). Those requirements are set forth in the following sections SCR

2.011 through SCR 2.017.

SCR 2.011 Moral character and fitness

SCR 2.011 shall read:

All applicants for admission to the Bar of this Commonwealth must be of

good moral character and general fitness requisite for an attorney.

(1) Every applicant shall be of good moral character. The applicant shall

have the burden of proving that he or she is possessed of good moral character.

The term “good moral character” includes qualities of honesty, fairness,

responsibility, knowledge of the laws of the Commonwealth and the nation, and

respect for the rights of others and for the judicial process. Good moral

character is a functional assessment of character and fitness of a prospective

lawyer. The purpose of requiring an applicant to possess present good moral

character is to exclude from the practice of law those persons possessing

character traits that are likely to result in injury to future clients, in the

obstruction of the administration of justice, or in a violation of the Code of

Professional Responsibility.

(2) Fitness is the assessment of mental and emotional health as it affects

the competence of a prospective lawyer. The purpose of requiring an applicant

to possess this fitness is to exclude from the practice of law any person having

a mental health disorder or condition which would be likely to prevent the

person from carrying out duties to clients, Courts, or the profession. A person

may be of good moral character, but may be incapacitated from proper

discharge of his or her duties as a lawyer by such disorder or condition. The

fitness required is a present fitness, and prior mental health disorders or

conditions are relevant only so far as they indicate the existence of a present

lack of fitness.

(3) If the Committee's initial review and investigation into the character

and fitness of an applicant reveals any of the following conduct, further

detailed investigation shall be undertaken, as determined to be warranted,

prior to the Committee's determination regarding whether the applicant

possesses the requisite character and fitness to practice law in Kentucky:

A. Unlawful conduct

B. Academic misconduct

C. Making a false statement, including omissions of material

information

D. Misconduct in employment

E. Acts involving dishonesty, fraud, deceit, or misrepresentation

F. Abuse of legal process

G. Neglect of financial responsibilities

H. Neglect or disregard of ethical or professional obligations

I. Violation of an order of court

J. Conduct indicating a mental health disorder or condition

impairing the ability of an applicant to perform the functions of an

attorney

K. Conduct indicating a substance use disorder impairing the

ability of an applicant to perform the functions of an attorney

L. Denial of admission to the Bar in another jurisdiction on

character and fitness grounds

M. Disciplinary complaints or disciplinary action by an attorney

disciplinary agency or a professional disciplinary agency of any

jurisdiction.

(4) Each applicant for admission to the Kentucky Bar shall pay all

investigative fees, reporting fees or other expenses required and assessed by

the Character and Fitness Committee as deemed necessary in determining the

character and fitness of the applicant.

SCR 2.012 Oath of allegiance

SCR 2.012 shall read:

No person who advocates the overthrow of the government of the United

States or of this Commonwealth by any unconstitutional means, shall be

certified to the Supreme Court of Kentucky for admission and a license to

practice law. Therefore, every applicant shall be required to take the oath to

support the Constitutions of the United States and Kentucky.

SCR 2.013 Intent to practice law in the Commonwealth

SCR 2.013 shall read:

Every applicant must intend to engage in the practice of law in Kentucky

and agree to abide by the rules, duties, and standards imposed upon attorneys

of this Commonwealth. No person shall seek admission to the Bar of Kentucky

for the primary purpose of using such admission as a basis for obtaining

admission to the Bar of another jurisdiction or to circumvent the admission

requirements of another jurisdiction. The giving of erroneous information as to

intention to practice law in the Commonwealth of Kentucky shall be grounds

for denying the applicant's application or for disbarment.

SCR 2.015 Professional responsibility examinations

SCR 2.015 shall read:

(1) No person shall be eligible for admission to the Kentucky Bar until

that person has first passed the Multistate Professional Responsibility

Examination (MPRE) administered by the National Conference of Bar

Examiners by attaining a scaled score thereon of at least 80.

(2) No person shall sit for the Bar Examination administered under SCR

2.080, 3.500 or 3.510 without first passing the Multistate Professional

Responsibility Examination (MPRE) administered by the National Conference of

Bar Examiners by attaining a scaled score thereon of at least 80.

SCR 2.018 Application process

SCR 2.018 shall read:

(1) All applications for admission to the Kentucky Bar shall be submitted

on forms approved by the Board and Committee. Application forms are

accessible electronically on the Kentucky Office of Bar Admissions website,

www.kyoba.org. All portions of the application, except submission of

documents requiring the notarized signature of the applicant, shall be

submitted electronically. Before the applicable deadline, required signed and

notarized documents shall be sent to the Office of Bar Admissions by USPS

mail or hand delivery.

(2) The applicant must give full and complete response(s) to all inquiries

on the application as well as furnish any additional documents requested in

relation to the application.

(3) Any applicant who submits an incomplete application by failing to

upload the required credit report with said application will be notified of the

error, and given an opportunity to upload the required documentation and pay

therewith a non-refundable fee of $20.00. No action will be taken by the Office

of Bar Admissions upon an incomplete application.

(4) In signing the notarized signature page of the application, the

applicant attests to the accuracy of all information contained therein. All

answers on the application form must be completely candid. Lack of candor

may result in possible denial of character and fitness certification. Applicants

must disclose in writing on the application any circumstances or occurrences

that may reflect adversely upon their character or fitness.