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SCR 3.130(7.02) Attorney’s advertising commission

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
III Practice of Law (Refs & Annos)
Kentucky Rules of Professional Conduct
Information About Legal Services
Effective: March 1, 2020
Rules of the Supreme Court (SCR) Rule 3.130, Rules of Prof. Conduct Rule 3.130(7.02)
SCR 3.130(7.02) Attorney’s advertising commission
(1) There shall be created an Attorneys' Advertising Commission which shall perform such functions in regulating lawyer advertising as prescribed in these Rules.
(2) The Commission shall consist of up to 9 persons appointed by the President and approved by the Board. Each Commission member shall be appointed for a term of 3 years, with terms so established that the terms of the Commission members shall be staggered. Vacancies for unexpired terms shall be filled in the same manner as original appointees, but the appointees shall hold office only to the end of the unexpired term. No member may serve more than 2 terms in succession, and may be removed at any time by a majority vote of the Board.
(3) Each Commission member shall be a citizen of the United States and licensed to practice law in the Courts of the Commonwealth.
(4) The Board shall appoint a Chair from among the Commission members. The term shall be 1 year; however, the Chair may serve more than 1 term.
(5) The Commission shall be provided with sufficient administrative assistance from the Director as from time to time may be required.
(6) The Commission shall have general responsibilities for the implementation of this Rule. In discharging its responsibilities the Commission shall have authority to:
(a) Subject to prior approval by the Board, issue and promulgate regulations and such forms as may be necessary. Each member of the Kentucky Bar Association shall be given at least 60 days advance notice of any proposed regulations and an opportunity to comment thereon. Notice may be given by publication in the journal of the Kentucky Bar Association.
(b) Report to the Board at its last meeting preceding the Annual Convention of the Kentucky Bar Association, and otherwise as required, on the status of advertising with such recommendations or forms as advisable.
(c) Delegate to an employee of the Kentucky Bar Association, designated by the Director of the Kentucky Bar Association, the authority to review advertisements on its behalf.
(d) Issue advisory opinions concerning the compliance of an advertisement with the Advertising Rules and Regulations.
(7) The Commission shall prepare a budget for the succeeding year and shall submit same to the Board of Governors for inclusion with the budget of the Kentucky Bar Association.
(8) Nothing in these rules shall be construed as creating any cause of action for any party or right of suit against any member of the Commission. The Kentucky Bar Association, the Board of Governors, the Attorneys' Advertising Commission, the Executive Director of the Kentucky Bar Association, the Office of Bar Counsel, all of their officers, members, employees or agents shall be immune from civil liability for all acts in the course of their official duties in regulating lawyer advertising.

Credits

HISTORY: Adopted by Order 2015-20, eff. 1-1-16
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 3.130, Rules of Prof. Conduct, Rule 3.130(7.02), KY ST S CT RULE 3.130, RPC Rule 3.130(7.02)
Current with amendments received through May 1, 2020.
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