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SCR 3.675 Non-compliance: procedure and sanctions

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme Court

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
III Practice of Law (Refs & Annos)
Rules of the Supreme Court (SCR), Rule 3.675
SCR 3.675 Non-compliance: procedure and sanctions
(1) As soon as practicable after August 20th of each year, the Commission shall notify a member in writing of existing delinquencies of record. The writing may consist of a computer generated form setting forth said delinquency. If any statement incorrectly reflects the continuing legal education status of the member it shall be the duty of the member to promptly notify the Commission of any claimed discrepancy in the education statement.
(2) If, by the first day of November immediately following, a member has neither certified completion by the June 30th immediately prior, of the minimum continuing legal education requirements nor applied for and satisfied the conditions of an extension under SCR 3.670 or exemption under SCR 3.665, the Commission shall certify the name of that member to the Board.
(3) 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 mandatory minimum CLE requirements. Such response shall be in writing, sent to the attention of the Director for CLE, and shall be accompanied by costs in the amount of $50.00 payable to the Kentucky Bar Association.
(4) 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 will be otherwise sanctioned as deemed appropriate by the Board. A copy of the suspension notice shall be delivered to the member, the Clerk of the Kentucky Supreme Court, the Director of Membership, and to the Circuit Clerk of the district wherein the member resides for recording and indexing.
(5) A member suspended under this Rule may apply for restoration to membership under the provisions of SCR 3.500.
(6) A member may appeal to the Supreme Court of Kentucky from such suspension within 30 days of the date the suspension notice is recorded in the membership records. Such appeal shall include an affidavit showing good cause why the suspension should be revoked.

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.
Sup. Ct. Rules, Rule 3.675, KY ST S CT Rule 3.675
Current with amendments received through January 15, 2020.
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