Ky. R. Sup. Ct. 3.502

As amended through November 7, 2024

Rule SCR 3.502 - Reinstatement after a disciplinary suspension 181 days or more

1) No former member of the Association who has been suspended for disciplinary reasons for 181 days or more, or whose suspension has prevailed for 181 days or more, shall resume practice until he/she is reinstated by order of the Court.

2) An application for reinstatement shall be on a form or forms provided by the Inquiry Commission and filed with the Disciplinary Clerk. The application shall be accompanied by the following items:

a) A certification from the KBA Accounting Department that all costs of the disciplinary proceedings and all applicable Bar dues have been paid;

b) A certification from the Office of Bar Counsel that:

i. There are no pending disciplinary matters against the Applicant;

ii. There are no pending Client Security Fund claims against the Applicant; and

iii. There are no unpaid Client Security Fund awards against the Applicant.

c) A certification from the CLE Commission that the Applicant is in compliance with SCR 3.685; and

d) A filing fee as established by the Inquiry Commission pursuant to SCR 3.140(4) and payable to the Kentucky Bar Association.

3) If the application is not accompanied by the items listed above, the Disciplinary Clerk shall reject the application and issue a notice to Applicant and the Office of Bar Counsel, that the application is incomplete. The notice shall list the missing item(s).

4) Within sixty (60) days after the filing of an application that is accepted by the Disciplinary Clerk, the Inquiry Commission shall review the application. Bar Counsel shall have the right to file a notice identifying any deficiencies in the application. If the Commission determines that deficiencies exist in the application and/or additional information is required from the Applicant, it shall issue a notice listing the deficiencies and/or the additional required information. An Applicant shall have no longer than 180 days to cure any deficiencies. If an Applicant fails to cure any deficiencies within the time allowed by this Rule, the Commission shall enter an order denying the application for reinstatement from which there will be no appeal.

5) If the Inquiry Commission determines an application is complete, a scheduling order shall be entered setting out the time for the Office of Bar Counsel to investigate the application, which may involve the use of independent investigators. Failure of an Applicant to cooperate or participate in the investigative process may result in the denial of the application for reinstatement. The burden of proof shall rest upon the Applicant to prove by clear and convincing evidence that he/she possesses the requisite character, fitness and moral qualification for re-admission to the practice of law.

6) Upon completion of the investigatory process, the matter shall proceed to the Character and Fitness Committee to conduct a formal hearing on the record. The Executive Director and Disciplinary Clerk shall transmit the record to the Committee for its review.

a) A formal hearing on the record will not be required if the Applicant, Office of Bar Counsel, and a majority of the Committee all agree within thirty (30) days of receipt of the matter from the Inquiry Commission that based upon the record, the Applicant has met his/her burden and should be reinstated to practice. In that event, the matter shall proceed directly from the Committee to the Court for its review. The Committee shall return the record to the Executive Director and Disciplinary Clerk to file with the Court.

b) If there is no agreement pursuant to subsection (a) above, the Committee shall hold a formal hearing on the record within ninety (90) days of receipt of the record from the Disciplinary Clerk. Notice of the hearing date will be served on the parties not less than fourteen (14) days before the hearing. The parties shall be allowed to file post-hearing memoranda. The Committee shall file its report and the record with the Disciplinary Clerk within sixty (60) days of receipt of the hearing transcript.

c) Prior to the formal hearing, the Committee may request the parties to file a pre-hearing memorandum to address any issues of fact or law and/or may identify certain issues of law or fact the Committee would like addressed at the formal hearing.

d) Either party may file a notice of appeal of the Committee's report within thirty (30) days after the filing with the Disciplinary Clerk. If no notice of appeal is timely filed, the entire record shall be forwarded to the Court for entry of a final order pursuant to SCR 3.370(9).

e) If a notice of appeal to the Board of Governors is timely filed pursuant to subsection (6)(d), the matter shall proceed to the Board of Governors pursuant to SCR 3.370. The Board of Governors by a vote of a majority of the Board of Governors present and voting may remand the case to the Character and Fitness Committee for clarification of the report or for an evidentiary hearing on points specified in the order of remand. The Board of Governors may order the parties to file additional briefs on specific issues.

Ky. R. Sup. Ct. SCR 3.502

Adopted by order 2022-11, eff. 4/1/2022.