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SCR 3.685 Continuing legal education requirements for restoration or reinstatement to membershi...

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 3.685
SCR 3.685 Continuing legal education requirements for restoration or reinstatement to membership: procedures
(1) Except for those who voluntarily withdrew pursuant to SCR 3.480(1), every former member or member transferred to disability inactive status pursuant to SCR 3.030, seeking restoration or reinstatement to membership pursuant to Rules 3.500 or 3.510, shall be required to have completed the minimum annual continuing legal education requirement for each year during which he or she was not a member in good standing, including any year prior to disbarment, suspension or withdrawal under threat of disbarment or suspension, during which the minimum annual continuing legal education requirement was not fulfilled, including the educational year during which the application is filed. Completion of such credits shall be certified to the Commission as a condition precedent to reinstatement or restoration. In no case shall a member be required to complete more than 60 continuing legal education credits, including 10 ethics credits, as a condition precedent of restoration or reinstatement to membership.
(a) Former members who voluntarily withdrew from membership pursuant to SCR 3.480(1) shall be required to show either:
(i) compliance with the mandatory continuing legal education requirement of another jurisdiction for each year he or she was not a member in good standing, including the current educational year; or
(ii) that he or she has completed the minimum annual continuing legal education requirement for each year he or she was not a member in good standing, including the current educational year. In no case shall a former member who voluntarily withdrew be required to complete more than 24 credits, including 4 ethics credits, as a condition precedent to restoration to membership.
(2) The application or affidavit of compliance submitted for restoration or reinstatement shall include certification from the Director for CLE of completion of continuing legal education activities as required by these Rules, or otherwise specified by the Commission or Court. Applicants or affiants shall request said certification from the Director for CLE in writing and shall submit with said written request a fee of $50.00 to cover the expense of the record search and certification. Applications or affidavits of compliance submitted for restoration or reinstatement which do not include the required certification of continuing legal education compliance, including verification of fee payment for the certification, shall be considered incomplete and shall not be processed.
(3) The requirements for completion of continuing legal education as a condition to restoration or reinstatement as set forth above may only be satisfied with credits earned in the educational year during which the application is submitted and the preceding 5 educational years.
(4) Approval of the application or provision of a certification for an affidavit of compliance shall satisfy the requirement of the applicant under SCR 3.645 for the educational year during which the application is filed.
(5) If a new educational year begins after approval of the application or certification, but prior to Supreme Court entry of an Order of Reinstatement or Restoration, or Registrar's certification of the member's name to the active roster of membership, the new year minimum continuing legal education requirement must be completed and the application updated before the reinstatement or restoration can proceed to the Board of Governors or to the Court, unless the maximum credits set forth above in this Rule were completed at the time of the initial application or certification.

Credits

HISTORY: Amended by Order 2020-03, eff. 3-1-20; prior amendments eff. 1-1-18 (Order 2017-18), 1-1-18; 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 3.685, KY ST S CT Rule 3.685
Current with amendments received through January 15, 2020.
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