Home Table of Contents

SCR 3.501 Reinstatement after a disciplinary suspension prevailing fewer than 181 days

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: April 1, 2022

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
III Practice of Law (Refs & Annos)
Effective: April 1, 2022
Rules of the Supreme Court (SCR), Rule 3.501
SCR 3.501 Reinstatement after a disciplinary suspension prevailing fewer than 181 days
Currentness
(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).

Credits

HISTORY: Adopted by Order 2022-11, eff. 4-1-22
Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.
Sup. Ct. Rules, Rule 3.501, KY ST S CT Rule 3.501
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
End of Document