SUPREME COURT REPEALS SCR WHICH ALLOWED THE BAR COUNSEL TO SUBMIT A COST BILL TO ATTORNEYS IN DISCIPLINE MATTERS AND REQUIRED PAYMENT OF THE COST AND EXPENSE BILL BEFORE THE ATTORNEY HAD A RIGHT TO APPEAL.
TIME LIMIT FOR SUPREME COURT TO RULE REPEALED. COURT MAY NOW TAKE SUCH
TIME TO ISSUE A DISCIPLINE RULING AS MAY BE REQUIRED.
ORDER AMENDING RULES OF THE SUPREME COURT (SCR)
Upon review of this Court, the following amendment to SCR 3.370 of the Rules of the Supreme Court shall become effective
November 15, 2011.
AMENDMENT TO THE RULES OF THE SUPREME COURT
SCR 3.370 Procedure before the Board and the Court
SCR 3.370 shall read:
(1) Thirty (30) days after the filing of the notice of
the Appellant shall file a brief supporting his/her
position on the merits of the case. Fifteen (15) days thereafter,
the Appellee shall file his/her brief. No reply brief
shall be permitted.
(2) Upon motion by the parties or upon the Board’s own
motion, oral arguments may be scheduled before the
(3) Within sixty (60) days of completion of briefing by the
parties, the Board shall consider and act upon the entire
record. Only the President, the President-Elect, the Vice-President,
the fourteen (14) duly-elected members of the Board
from their respective Supreme Court Districts, and four (4)
adult citizens of the Commonwealth who are not lawyers
appointed by the Chief Justice as hereinafter described, shall
be eligible to be present, participate in and vote on
case. Any member, including a non-lawyer member,
who has participated in any phase of a disciplinary
to the Board under this rule, or who has been
on grounds sufficient to disqualify a Circuit Judge
shall be disqualified. If disqualification or absence
lack of a quorum the Chief Justice shall appoint a
members (or, if applicable, non-lawyer participants)
to provide a quorum to consider and act on the cases.
challenge to a member’s qualifications shall be
by the Chief Justice in accordance with KRS 26A.015,
(4) Eleven (11) of those qualified to sit in a
matter must be present to constitute a quorum for
of such matters.
(5) (a)The Board, after deliberation, and consideration
oral argument, if any, shall decide, by a roll call
(i.) To accept the Trial Commissioner’s Report as to
the guilt, innocence, and the discipline imposed, by
that the Trial Commissioner’s report is supported
by substantial evidence and is not clearly erroneous
matter of law, or,
(ii.) To conduct a de novo review, in its discretion.
that event it shall make findings as to the guilt or
on each Count, and the appropriate discipline to be
imposed, if any, and take separate votes as to each.
Board votes to take de novo review of the case, said
review shall be confined to the evidence presented and
record of the case. The Board may consider the
of evidence as well as the appropriate weight of it.
Board shall state, in its written report required by
(8), the difference between its findings and
and the report of the Trial Commissioner.
(b) In the event of a case submitted under SCR
3.210, the Board shall decide, by a roll call vote,
innocence on each Count and the appropriate discipline
be imposed, if any. It shall make findings of fact in
event of a disputed fact, and make conclusions of law.
Failure to answer may be deemed an admission of the
facts stated in the charge.
(c) Each roll call vote under (5)(a)(b) shall be
upon by eleven (11) or three-fourths (3/4) of the
of the Board present and voting on the proceedings,
whichever is less.
(d) At any time during deliberations the Board by a
vote of a majority of the Board present and voting,
remand the case to the Inquiry Commission for
of the form of the charge or remand the case to
the Trial Commissioner for clarification of the Trial
report or for an evidentiary hearing on points
specified in the order of remand. The Board may order
parties to file additional briefs on specific issues.
(6) The Board shall issue a written decision within
five (45) days of voting on the cases. The Disciplinary
shall mail copies of such report to the Respondent,
of record, and to each member of the Inquiry
The Disciplinary Clerk shall place ten (10) copies of
report in the record and file the entire record of the
the Court, unless the Board has taken actions under
(5)(d), in which case the matter will proceed in
with the Board’s direction.
(7) Within thirty (30) days after the Board’s decision
filed with the Disciplinary Clerk, Bar Counsel or the
may file with the Court a Notice for the Court to
the Board’s decision stating reasons for review,
by a brief, not to exceed thirty (30) pages in length,
his/her position on the merits of the case. The
party may file a brief, not to exceed thirty (30)
length, within thirty (30) days thereafter. No reply
be filed unless by order of the Court.
(8) If no notice of review is filed by either party,
may notify Bar Counsel and Respondent that it will
decision. If the Court so acts, Bar Counsel and
may each file briefs, not to exceed thirty (30) pages
within thirty (30) days, with no right to file reply
by order of the Court, whereupon the case shall stand
Thereafter, the Court shall enter such orders or
as it deems appropriate on the entire record.
(9) If no notice of review is filed by either of the parties,
the Court under paragraph eight (8) of this rule, the
shall enter an order adopting the decision of the
Board or the
Trial Commissioner, whichever the case may be,
(10) When the Respondent is proceeded against by
order, the notice in paragraph two (2) and paragraph
(8) of this rule shall be deemed to have been served
(30) days after the date of the making of the warning
(11) In each case to be presented to the Trial
there shall be supplied with the Disciplinary Clerk’s
file a sealed
envelope containing a statement of the Respondent’s
membership in the Association, all orders of
conduct, and all withdrawals from the association and
therefor. The envelope will be opened only if the
makes a finding of a violation and may be considered
deciding what discipline to impose. Such statement
become part of the record of the case and be
the rest of the file to the Disciplinary Clerk, Board
Supreme Court. Before submission of a case to the
or the Board a copy of said statement shall be sent to
the Respondent, who may review documents relative to
it at the
Bar Center, and may comment to the Trial Commissioner
Board upon the statement and point out errors
contained in it.
All sitting. All concur.
ENTERED: November 15 , 2011.