SCR 3.640 New lawyer program requirement
Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: March 1, 2020
Effective: March 1, 2020
Rules of the Supreme Court (SCR), Rule 3.640
SCR 3.640 New lawyer program requirement
(5) Each individual attending the New Lawyer Program shall certify to the Director for CLE the completion of the Program on the attendance certificate provided for that purpose. Such certification shall be submitted to the Director for CLE upon completion of the program. Continuing legal education credits awarded for the program shall be applied to the educational year in which the program is attended, and if applied to a year in which the individual so attending is otherwise exempt from CLE requirements under SCR 3.665(1)(c), then said credits shall carry forward in accordance with SCR 3.645(3).
(7) The time for completion of the New Lawyer Program requirement may be extended upon written application to and approval by the Commission. The written application must be received within 30 days of the original deadline for the requirement. All applications must be signed by the member. The Commission may approve extensions for completing the Program under the following circumstances:
(a) Where the member demonstrates hardship or other good cause clearly warranting relief. Requests for relief under this subsection must set forth all circumstances upon which the request is based, including supporting documentation. In these circumstances, the member shall complete the New Lawyer Program requirement as soon as reasonably practicable as determined by the Commission; or
(a) Ninety days prior to the end of the 12-month period all individuals not certifying completion of the New Lawyer Program pursuant to this Rule shall be notified in writing that the program must be completed before the end of the 12 month period, and the notice shall state the date by which the New Lawyer Program must be completed.
(b) Names of all individuals not submitting certification of completion of the New Lawyer Program within the 12-month period or not being granted an extension of time, pursuant to paragraph (7) of this Rule, shall be submitted to the Board by the Director for CLE, certifying failure to comply with the New Lawyer Program requirement.
(c) The Board shall cause to be sent to the member a notice of delinquency by certified mail, return receipt requested, at the member's bar roster address. Such notice shall require the attorney to show cause within 30 days from the date of the mailing why the attorney's license should not be suspended for failure to meet the New Lawyer Program requirement set forth in this Rule. Such response shall be in writing, sent to the attention of the Director of CLE, and shall be accompanied by costs in the amount of $50.00 payable to the Kentucky Bar Association.
(d) Unless good cause is shown by the return date of the notice, or within such additional time as may be allowed by the Board, the lawyer will be stricken from the membership roster as an active member of the KBA and will be suspended from the practice of law or otherwise sanctioned as deemed appropriate by the Board. A copy of the suspension notice shall be delivered to the member, the Clerk of the Supreme Court of Kentucky, and in the case of suspension, to the Circuit Clerk of the district wherein the member resides for recording and indexing as required by SCR 3.480.
HISTORY: Amended by Order 2020-03, eff. 3-1-20; prior amendments eff. 1-1-18 (Order 2017-18), 1-1-16 (Order 2015-23), 1-1-16 (Order 2015-20); adopted by Order 2013-12, eff. 1-1-14
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 3.640, KY ST S CT Rule 3.640
Current with amendments received through August 1, 2020.
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