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Section 17 Removal for Cause

Baldwin's Kentucky Revised Statutes AnnotatedBy-Laws of the Kentucky Bar Association

Baldwin's Kentucky Revised Statutes Annotated
By-Laws of the Kentucky Bar Association
Bar Association By-Laws, Section 17
Section 17 Removal for Cause
Currentness
(a) A KBA Board of Governors member, KBA officer, or member of a KBA committee may be removed from the Board, his or her office, or the committee, for cause, as hereinafter defined, on the two-thirds affirmative vote of a quorum of the Board of Governors present at a regular meeting or a meeting called for that purpose. Members of the Board may be present by telephone. For purposes of this Bylaw, the term “cause” shall mean any of the following:
(i) physical or mental impairment rendering him/her incapable of performing duties to the Association for a period of more than three consecutive meetings;
(ii) absence of the Board member or officer at two consecutive Board meetings or absence of a committee member from two consecutive meetings of that committee without cause deemed adequate by the Board;
(iii) continued neglect or failure, after written demand, to discharge his/her duties or to obey a specific written direction from the Board;
(iv) a conflict that renders him/her incapable of fulfilling his/her duties to the Association;
(v) misconduct that is injurious to the Association;
(vi) conviction of a misdemeanor involving dishonesty or immoral conduct; or
(vii) conduct that impairs his/her ability to perform his/her duties to the Association or would impair the reputation of the Association.
A KBA member who is convicted of a felony, which automatically results in suspension under SCR 3.166, or any member who is suspended or disbarred from the practice of law by Order of the Kentucky Supreme Court, is removed effective the date of such conviction, suspension, or disbarment, inasmuch as he/she would be ineligible to serve.
(b) Removal proceedings shall be commenced upon a written request to the KBA President by four or more members of the Board. The proceedings shall be conducted as follows:
(i) All Board members, officers, and any affected committee member shall receive at least thirty (30) days' notice in writing of the meeting at which the Board will consider proposed removal, and the written notice shall set forth the grounds for the proposed removal;
(ii) A written response to the grounds for removal may be presented to the KBA no later than ten (10) days before the meeting;
(iii) At the meeting the member and/or his or her counsel may present oral argument, if oral argument is requested in the written response filed as provided in (b)(ii); and
(iv) At the meeting the Board shall consider the matter and vote in executive session.
(c) In the event of removal, the position shall be filled pursuant to SCR 3.080.

Credits

HISTORY: Approved, eff. 9-10-09
Bar Association By-Laws, Section 17, KY ST BAR BYLAWS Section 17
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
End of Document