Ky. R. Sup. Ct. 3.380

As amended through October 28, 2024

Rule SCR 3.380 - Degrees of discipline

Upon findings of a violation of these rules, discipline may be administered by way of public reprimand, suspension from practice for a definite time, all of which may be with or without such conditions as the Court may impose, or permanent disbarment.

Ky. R. Sup. Ct. SCR 3.380

Amended by order 2022-11, eff. 4/1/2022; amended by Order 2015-20, eff. 1/1/2016; prior amendments eff. 1/1/2006 (Order 2005-10); 10/1/1998 (Order 98-1), 4/1/1982 (Order 82-1), 1/1/1978, 7/2/1971

Commentary

In the case of Kentucky Bar Association v. Benton, 449 S.W.3d 368, 369 (Ky. 2014), the Court rejected the Board's recommendation for a 181-day suspension and, instead, exercised its discretion to suspend Respondent indefinitely until he appeared and accounted for his failure to answer the disciplinary charges. In so doing, the Court "acknowledge[d] that our rules do not expressly provide indefinite suspension as a final disciplinary sanction, although we have ordered indefinite suspensions as part of our orders imposing reciprocal discipline." Subsection (2) of 3.380 now formally identifies the indefinite suspension as a mode of discipline within the Court's authority under § 116 of the Kentucky Consititulion to "govern admission to the bar and the discipline of members of the bar."

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