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SCR 2.040 Character and Fitness Committee; nominations

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

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
II Admission of Persons to Practice Law (Refs & Annos)
Effective: May 1, 2020
Rules of the Supreme Court (SCR), Rule 2.040
SCR 2.040 Character and Fitness Committee; nominations
(1) There is hereby created a Committee on Character and Fitness, hereinafter referred to as the Committee.
(2) The Committee shall be composed of seven attorneys and two lay members, appointed by the Supreme Court. The Supreme Court may appoint additional members upon request of the Committee or at its own discretion. The Supreme Court shall appoint the Chair of the Committee. The lay members appointed to the Committee should have training in substance abuse, mental health, financial management or another area of value to the assessment of good moral character and fitness to practice law.
(3) The terms of all members shall be three years. For the year 2020 only, the Chief Justice will appoint three members to serve a one-year term on the Commission to allow for staggered terms among the membership.
(4) Subject to the approval of the Supreme Court, the committee shall have the power to adopt and amend rules and regulations governing the manner in which it carries out its duties.
(5) The Committee on Character and Fitness is charged with the responsibility of determining the age, character and fitness, education and general qualifications of those applicants for admission to the bar of the Commonwealth whose applications are referred to it by the Clerk of the Supreme Court. The Character and Fitness Committee is further charged with the duty of certifying to the Supreme Court persons who appear qualified to perform legal services as interns under Rule 2.540.
(6) The Character and Fitness Committee, in determining the character and fitness of an applicant for admission to the bar of the Commonwealth, and in determining the character and fitness of a person seeking to perform legal services as an intern under Rule 2.540, may have such persons investigated by the National Conference of Bar Examiners or any other reputable investigative agency. Subject to the approval of the Supreme Court, the Character and Fitness Committee may compensate any person or agency making such investigation out of funds held for that purpose.
(7) The Character and Fitness Committee shall submit to the Board of Bar Examiners the names and addresses of all applicants to take the examination who will be eligible upon approval from the standpoint of character and fitness and upon submission of the required recommendations of their law school deans. Said list shall be submitted no later than 30 days after the extended late deadline. At least ten days prior to each Bar examination the Character and Fitness Committee shall certify to the Secretary of the Board of Bar Examiners the names and addresses of all applicants who are qualified to take that Bar examination.
(8) From time to time, the Character and Fitness Committee shall recommend to the Supreme Court admission to the bar without examination of applicants for such admission who qualify therefor under the provisions of Rule 2.110.
(9) The Character and Fitness Committee shall have the power to issue subpoenas and to assess costs as it shall determine necessary.

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HISTORY: Amended by Order 2020-21, eff. 5-1-20; prior amendments eff. 1-1-10 (Order 2009-12), 2-1-00 (Order 99-1), 1-1-97 (Order 96-1), 8-1-92, 2-24-86, 1-1-78, 3-10-73
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 2.040, KY ST S CT Rule 2.040
Current with amendments received through August 1, 2020.
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