SCR 3.210 Processing cases of default, admissions of violations or answers raising only issues ...
Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme Court
Rules of the Supreme Court (SCR), Rule 3.210
SCR 3.210 Processing cases of default, admissions of violations or answers raising only issues of law
(1) If no answer is filed after a Respondent is notified, the Inquiry Commission shall order the record, together with such investigative evidence as may have been obtained, to be submitted to the Board. If there is more than one file, the Inquiry Commission may at the request of Bar Counsel order the files be consolidated.
(2) After entry of the order of submission, the Board may rule on Motions to file late answers for good cause shown as set forth in CR 6.02. The Office of Bar Counsel shall have an opportunity to file a response. The entire Board shall rule on the Motion. If the Motion is granted, the Board shall return the entire record to the Disciplinary Clerk for further proceedings. If the Motion is overruled, the matter shall stand submitted to the Board.
(3) If the parties agree that the answer raises only issues of law, or the Respondent admits the violation, the case shall be submitted to the Board upon Motion by either party. Bar Counsel may file a brief within 20 days after the order granting the Motion is entered, and the Respondent may file a brief within 20 days thereafter. After briefs are filed, or the time within which briefs may be filed has expired, the record and briefs shall be forwarded to the President for assignment to a member of the Board for a report.
(4) In the event of a case submitted under subsection (3), the Board, by a vote of a majority of the Board present and voting, may return the entire record to the Disciplinary Clerk for appointment of a Trial Commissioner pursuant to SCR 3.230 to conduct an evidentiary hearing, which proceeding will be confidential pursuant to 3.150.
HISTORY: Amended by Order 2020-03, eff. 3-1-20; prior amendments eff. 1-1-16 (Order 2015-20, eff. 1-1-14 (Order 2013-12), 10-1-98 (Order 98-1), 1-1-78, 7-2-71
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 3.210, KY ST S CT Rule 3.210
Current with amendments received through May 1, 2020.
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