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SCR 3.130(8.3) Reporting professional misconduct

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: August 15, 2022

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
III Practice of Law (Refs & Annos)
Kentucky Rules of Professional Conduct
Maintaining the Integrity of the Profession
Effective: August 15, 2022
Rules of the Supreme Court (SCR) Rule 3.130, Rules of Prof. Conduct Rule 3.130(8.3)
SCR 3.130(8.3) Reporting professional misconduct
(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the Association's Bar Counsel.
(b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall report such violation to the Judicial Conduct Commission.
(c) A lawyer is not required to report information that is protected by Rule 1.6 or by other law. Further, a lawyer or a judge does not have a duty to report or disclose information that is received in the course of participating in the Kentucky Lawyer Assistance Program or Ethics Hotline.
(d) A lawyer acting in good faith in the discharge of the lawyer's professional responsibilities required by paragraphs (a) and (b) or when making a voluntary report of other misconduct shall be immune from any action, civil or criminal, and any disciplinary proceeding before the Bar as a result of said report, except for conduct prohibited by Rule 3.4(f).
(e) As provided in SCR 3.435, a lawyer who is disciplined as a result of a lawyer disciplinary action brought before any authority other than the Association shall report that fact to Bar Counsel.
(f) A lawyer prosecuting any member of the Association who has been arrested for or who has been charged by way of indictment, information, or complaint with a felony or Class A misdemeanor shall immediately notify Bar Counsel of such event.
(g) As provided in SCR 3.166(2), a lawyer prosecuting a case against any member of the Association to a plea of guilty, conviction by judge or jury or entry of judgment, shall immediately notify Bar Counsel of such event.

Credits

HISTORY: Amended by Order 2022-43, eff. 8-15-22; prior amendments eff. 3-1-20 (Order 2020-03), 3-1-12 (Order 2012-01), 7-15-09 (Order 2009-05); adopted by Order 89-1, eff. 1-1-90
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 3.130, Rules of Prof. Conduct, Rule 3.130(8.3), KY ST S CT RULE 3.130, RPC Rule 3.130(8.3)
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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