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RULE 4. |
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DISCIPLINE OF ATTORNEYS |
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4.1 |
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Discipline Generally (
2090-2) |
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a. Any
attorney permitted to practice before this Court that has been
subjected to public discipline in any other in any other Court or any attorney that has
been found guilty of unprofessional conduct shall be subject to
discipline by this Court.
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b. In all cases where it
is shown to the Court that any attorney permitted to practice
before the Court has been guilty of unprofessional conduct
within the meaning of the standards of professional
responsibility adopted by the Supreme Court of Kentucky or is
guilty of other improper conduct unbecoming an officer of the
Court, any Judge may enter an Order directing that attorney to
show cause, within a specific time, why the Court should not
take disciplinary action against the attorney. Upon the
attorney's response to the Order to show cause, and if
requested, after a hearing before the Judge, or upon the
expiration of the period set forth in the Order to show cause,
if no response has been made, the Court will enter an
appropriate Order. Nothing in this Rule shall limit the power of
the Court to impose sanctions. |
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c. Disbarment from the
Bar of this Court may be utilized as a sanction. |
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| 4.2
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Discipline in Another Court; Procedure ( 2090-2) |
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a. Attorney's Duty to Notify of Disciplinary
Action (2090-2)
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Any
attorney permitted to practice before the Court shall promptly inform
the Clerk in writing of any public discipline in any other
court by presenting to the Clerk a certified copy of any Judgment or Order
verifying the discipline imposed.
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b. Notice to the
Attorney ( 2090-2)
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The Court shall
immediately issue to the attorney:
1. An Order to show cause why the imposition of the
identical discipline by this Court would be unwarranted; and
2. An Order setting a hearing on the Order to show cause will be
scheduled no less than thirty (30) days after service of that
Order upon the attorney, personally or by mail.
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c.
Grounds for Challenge (
2090-2)
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An attorney shall
be subject to discipline by this Court unless the attorney
demonstrates, or the Court finds, that upon the face of the
record upon which the discipline in the other Court is
predicated, it clearly appears:
1. That the procedure was so lacking in notice and opportunity
to be heard as to constitute a deprivation of
due process;
2. That there was such an infirmity of
proof establishing the misconduct as to give rise to a clear
conviction that
the Court could not, consistent with its duty, accept as final the conclusion on that subject;
3. That the imposition of the same
discipline by the Court would result in grave injustice; or
4. That the misconduct established is
deemed by the Court to warrant substantially different discipline.
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d. Discipline Imposed (
2090-2) |
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If the Court determines that any of
the foregoing grounds exist, it shall enter any other Order as
it deems appropriate. |
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e. Finality of the Other Court's Action
( 2090-2)
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1. A final adjudication in another Court
that an attorney has been found guilty of misconduct shall
establish conclusively the misconduct for purposes of a
disciplinary proceeding in this Court.
2. If the discipline imposed in the other Court has been stayed or
has not become a final decision, any reciprocal discipline
imposed by this Court shall be deferred until the stay expires
or the decision becomes final.
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