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SCR 3.180 Investigations and trials to be prompt; subpoena power

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: April 1, 2022

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
III Practice of Law (Refs & Annos)
Effective: April 1, 2022
Rules of the Supreme Court (SCR), Rule 3.180
SCR 3.180 Investigations and trials to be prompt; subpoena power
(1) All investigations and the trial of all disciplinary cases shall be begun, prosecuted, and completed as promptly as the ends of justice will permit. Neither the unwillingness of the complainant to prosecute, nor an offer of settlement, compromise or restitution shall delay the investigation, trial or report to the Board.
(2) Proceedings may be deferred by the Inquiry Commission if there is pending civil or criminal litigation or an investigation by another lawyer disciplinary jurisdiction directly involving the Respondent or proposed Respondent involving substantially similar material allegations to that or those in the disciplinary proceedings, provided, however, that the Respondent-attorney proceeds with reasonable dispatch to insure the prompt disposition of the pending litigation. Proceedings deferred pursuant to this subsection shall be reviewed quarterly by the Inquiry Commission.
(3) Upon application of Bar Counsel to the Inquiry Commission and after a hearing of which Respondent is given at least five (5) days' notice, for good cause shown the Inquiry Commission may authorize the Director or the Disciplinary Clerk to issue a subpoena to a Respondent, or any other person or legal entity, to produce to Bar Counsel any evidence deemed by the Inquiry Commission to be material to the investigation of a complaint or investigative file opened pursuant to SCR 3.160(2), and to testify regarding such production. Such an application may be made in connection with complaints against more than one Respondent if the complaints are based on the same or a related set of facts. The person or entity so subpoenaed will not divulge, except to his/her own attorney, that such a subpoena has been served nor what evidence is sought or obtained. The Respondent may be present at the time the evidence or material is examined or obtained by Bar Counsel and will be furnished copies of all documents obtained, unless obtained from the Respondent.
(4) If any witness refuses to testify concerning any matter for which he or she may lawfully be interrogated, upon application of the Inquiry Commission to the Circuit Court of the county in which the witness resides, the Circuit Court may compel obedience by proceedings for contempt as in the case of disobedience of a subpoena issued from the Circuit Court.


HISTORY: Amended by Order 2022-11, eff. 4-1-22; prior amendments eff. 3-1-20 (2020-03), 3-1-12 (Order 2012-01), 10-1-98 (Order 98-1), 4-1-82 (Order 82-1), 1-1-78, 7-2-71
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 3.180, KY ST S CT Rule 3.180
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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