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SCR 3.665 Exemptions and removal of exemptions

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)
Effective: March 1, 2020
Rules of the Supreme Court (SCR), Rule 3.665
SCR 3.665 Exemptions and removal of exemptions
(1) For each educational year, the following members of the Association shall be exempt from the mandatory CLE requirement:
(a) In recognition of their positions, which prohibit the practice of law and have significant continuing education requirements by statute or rule of court as a result of the positions they hold, members who, during any portion of that educational year, are serving as:
(i) Justices, Judges, or Magistrates of the Commonwealth or Court of the United States; or
(ii) full-time administrative law judges for an agency of the United States or Commonwealth of Kentucky executive branch.
(b) Justices and Judges of the Commonwealth leaving the bench will be allowed to use accumulated Continuing Judicial Education credits toward the required CLE minimum, up to 12 credits, including 2 ethics, for the first year they are subject to the CLE requirement after leaving the bench.
(c) New lawyers who have been admitted less than 1 full educational year as of the June 30th deadline. Such members shall be subject to the New Lawyer Program requirement, as set forth in SCR 3.640.
(d) Members who are at least 75 years of age or at least 50 year members, including members who will become 75 years of age and those who become 50 year members within the educational year.
(e) Members who have been transferred to disabled inactive status pursuant to SCR 3.030.
(2) Upon application to the Commission, the following members may be exempted from the mandatory CLE requirement:
(a) Non-practice exemption: Members who do not practice law, as defined in SCR 3.020, within the Commonwealth and agree to refrain from such practice until the Commission approves an application for removal of the exemption.
(i) Non-practice exemptions shall not be effective retroactively unless the applicant certifies that he or she has not practiced law, as defined in SCR 3.020, within the Commonwealth, for all time periods covered by such exemption.
(ii) Practice of law as defined in SCR 3.020, within the Commonwealth, during the effective period of this exemption shall constitute the unauthorized practice of law. Information known by the Commission regarding the practice of law during any period for which a member has certified non-practice status is not confidential as provided by SCR 3.695 and shall be provided along with the member's continuing legal education transcript by the Director for CLE to the Office of Bar Counsel and the Inquiry Commission in writing.
(iii) Any member who has been classified as Senior Retired Inactive status pursuant to SCR 3.030(4), and so holds a non-practice exemption from the mandatory minimum annual CLE requirement as set forth in this Rule, may donate legal services through a duly organized legal aid program offering pro bono representation, or a local bar association legal pro bono program or initiative.
(iv) A member seeking removal of a non-practice exemption shall be required to file a written application with the Commission, addressed to the Director for CLE. Required as an attachment to the application shall be certification for each educational year during which he or she was exempt, either: (1) proof of completion of sufficient continuing legal education credits to meet the minimum annual continuing legal education requirement; or (2) proof that he or she was compliant with the mandatory CLE requirement of another jurisdiction. In no case shall a member be required to certify completion of more than 12 credits, including 2 ethics credits, as a condition of removal of the exemption. Timely certification shall include only continuing legal education credits earned during the current educational year and 2 prior educational years. This Rule in no way affects the member's responsibility to complete the current year minimum annual education requirement by June 30th. The member shall be notified in writing of the commission's action on the application for the removal of the exemption.
(v) Application for removal of a non-practice exemption may not be made within 30 days of the granting of the exemption.
(b) Hardship exemption: Members who practice law within the Commonwealth, but demonstrate that meeting the mandatory CLE requirement would work an undue hardship by reason of disability, sickness, or other clearly mitigating circumstances.
(c) Military exemption: Any member who, for any portion of an educational year, was on active duty in the United States armed forces or whose spouse was on active duty in the United States armed forces for any portion of an educational year.
(3) Every member seeking an exemption from the mandatory continuing legal education requirement shall submit an application on forms provided by the Association or shall make other such written request providing information necessary for determination by the Commission of circumstances warranting exemption.
(4) Exemptions granted based on hardship or military service are considered temporary in nature unless specifically designated otherwise. In order to maintain an exemption based on a temporary hardship or military service, annual application is necessary. Failure to so certify will result in loss of the exempt status.

Credits

HISTORY: Amended by Order 2020-03, eff. 3-1-20; prior amendments eff. 1-1-18 (Order 2017-18); 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.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Note: The provisions of former SCR 3.665 were amended and moved to SCR 3.651 and 3.661 by Order 90-1, eff. 9-15-90; prior amendments eff. 8-28-89, 1-1-88; adopted eff. 7-1-84.
Sup. Ct. Rules, Rule 3.665, KY ST S CT Rule 3.665
Current with amendments received through August 1, 2020.
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