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SCR 2.113 Military spouse provisional admission

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme Court

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
II Admission of Persons to Practice Law (Refs & Annos)
Rules of the Supreme Court (SCR), Rule 2.113
SCR 2.113 Military spouse provisional admission
(1) Requirements. A person who meets all requirements of subparagraphs (a) through (m) of paragraph 2 of this Rule may, upon motion, be provisionally admitted to the practice of law in Kentucky.
(2) Required Evidence. The applicant for provisional admission shall submit evidence satisfactory to the Kentucky Board of Bar Examiners that he or she:
(a) has been admitted by examination to practice law before the court of last resort of any state or territory of the United States or of the District of Columbia;
(b) holds a Juris Doctor degree from a law school accredited by the American Bar Association at the time of such applicant's graduation;
(c) has achieved a passing score on the Multistate Professional Responsibility Examination as it is established in Kentucky at the time of application;
(d) is currently an active member in good standing in the bar of at least one state or territory of the United States, or the District of Columbia, where the applicant is admitted to the unrestricted practice of law, and is a member in good standing in all jurisdictions where the applicant has been admitted;
(e) is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any other jurisdiction;
(f) possesses the good character and fitness to practice law in Kentucky;
(g) is the dependent spouse of an active duty service member of the United States Uniformed Services as defined by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) and that the service member is on military orders stationed in the Commonwealth of Kentucky;
(h) is physically residing in Kentucky;
(i) has submitted all requested character investigation information, in a manner and to the extent established by the Board of Bar Examiners, including all required supporting documents;
(j) has never failed the Kentucky Bar Examination;
(k) has completed 12 hours of instruction approved by the Kentucky Continuing Legal Education Board on Kentucky substantive and/or procedural law, including 4 hours of ethics, within the 6-month period immediately preceding or following the filing of the applicant's application;
(l) certifies that he or she has read and is familiar with the Kentucky Rules of Professional Conduct; and
(m) has paid such fees as may be set by the Board of Bar Examiners to cover the costs of the character and fitness investigation and the processing of the application.
(3) Issuance, Duration and Renewal.
(a) The Board of Bar Examiners having certified that all prerequisites have been complied with, the applicant for provisional admission shall, upon payment of applicable dues and completion of the other membership obligations, become an active member of the Kentucky Bar Association. An attorney provisionally admitted pursuant to this Rule shall be subject to the same membership obligations as other active members of the Kentucky Bar Association, and all legal services provided in Kentucky by a lawyer admitted pursuant to this Rule shall be deemed the practice of law and shall subject the attorney to all rules governing the practice of law in Kentucky, including the Kentucky Rules of Professional Conduct.
(b) A provisional admission may be renewed by July 31 of each year, upon filing with the Kentucky Bar Association (i) a written request for renewal, and (ii) compliance with the membership obligations of the Rules of the Supreme Court of Kentucky applicable to active members of the Kentucky Bar Association. Provisional admission under this Rule may be renewed for no more than 4 times.
(c) When the active duty service member is assigned to an unaccompanied or remote follow-on assignment and the attorney continues to physically reside in Kentucky, the provisional admission may be renewed until that unaccompanied or remote assignment ends, provided that the attorney complies with the other requirements for renewal.
(4) Events of Termination. An attorney's provisional admission to practice law pursuant to this Rule shall immediately terminate and except as provided in subsection (i) of this rule, the attorney shall immediately cease all activities under this Rule upon the occurrence of any of the following:
(a) The spouse's discharge, separation or retirement from active duty in the United States Uniformed Services, or the spouse's no longer being on military orders stationed in the Commonwealth of Kentucky, except as provided in section 3(c) of this Rule;
(b) Failure to meet the annual licensing requirements of an active member of the Kentucky Bar Association;
(c) The attorney no longer physically residing within the Commonwealth of Kentucky;
(d) The attorney ceasing to be a dependent as defined by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) on the spouse's official military orders;
(e) The attorney being admitted to practice law in this Commonwealth under an admissions rule other than that of Provisional Admission;
(f) The attorney receiving a failing score on the Kentucky Bar Examination;
(g) The attorney being suspended from the practice of law in Kentucky or in any other state;
(h) Request by the attorney; or
(i) Upon the occurrence of a terminating event the attorney may continue the work that commenced prior to the terminating event until new counsel is retained.
(5) Notices Required.
(a) An attorney provisionally admitted under this Rule shall provide written notice to the Kentucky Bar Association of any Event of Termination within 30 days of the occurrence thereof.
(b) Within 30 days of the occurrence of any Event of Termination, the attorney shall:
(i) provide written notice to all his or her clients that he or she can no longer represent such clients and furnish proof to the Executive Director of the Kentucky Bar Association within 60 days of such notification; and
(ii) file in each matter pending before any court or tribunal in this Commonwealth a notice that the attorney will no longer be involved in the matter, which shall include the substitution of the Local Counsel, or such other attorney licensed to practice law in Kentucky selected by the client, as counsel in the place of the provisionally admitted attorney.
(6) Benefits and Responsibilities. An attorney provisionally admitted under this Rule shall be entitled to the benefits and be subject to all responsibilities and obligations of active members of the Kentucky Bar Association, and shall be subject to the jurisdiction of the courts and agencies of the Commonwealth of Kentucky and to the Kentucky Bar Association with respect to the laws and rules of this Commonwealth governing the conduct and discipline of attorneys to the same extent as an active member of the Kentucky Bar Association.

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 2.113, KY ST S CT Rule 2.113
Current with amendments received through August 1, 2020.
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