SCR 2.011 MORAL CHARACTER AND FITNESS
All applicants for admission to the bar of this state must be of good moral character and general fitness requisite for an attorney.
(1) Every applicant shall be of good moral character. The applicant shall have the burden of proving that he or she is possessed of good moral character. The term "good moral character" includes qualities of honesty, fairness, responsibility, knowledge of the laws of the state and the nation and respect for the rights of others and for the judicial process. Good moral character is a functional assessment of character and fitness of a prospective lawyer. The purpose of requiring an applicant to possess present good moral character is to exclude from the practice of law those persons possessing character traits that are likely to result in injury to future clients, in the obstruction of the administration of justice, or in a violation of the Code of Professional Responsibility.
(2) Fitness is the assessment of mental and emotional health as it affects the competence of a prospective lawyer. The purpose of requiring an applicant to possess this fitness is to exclude from the practice of law any person having a mental or emotional illness or condition which would be likely to prevent the person from carrying out duties to clients, courts or the profession. A person may be of good moral character, but may be incapacitated from proper discharge of his duties as a lawyer by such illness or condition. The fitness required is a present fitness, and prior mental or emotional illness or conditions are relevant only so far as they indicate the existence of a present lack of fitness.
(3) If the Committee's initial review and investigation into the character and fitness of an applicant reveals any of the following conduct, further detailed investigation shall be undertaken, as determined to be warranted, prior to the Committee's determination regarding whether the applicant possesses the requisite character and fitness to practice law in Kentucky:
A.
Unlawful conduct
B. Academic
misconduct
C. Making a false
statement, including omissions of material information
D. Misconduct in
employment
E. Acts involving
dishonesty, fraud, deceit or misrepresentation
F. Abuse of legal
process
G. Neglect of
financial responsibilities
H. Neglect or
disregard of ethical or professional obligations
I. Violation of an
order of court
J. Conduct
indicating mental or emotional instability impairing the ability of an applicant
to perform the functions of an attorney
K. Conduct
indicating substance abuse impairing the ability of an applicant to perform the
functions of an attorney
L. Denial of
admission to the bar in another jurisdiction on character and fitness grounds
M. Disciplinary
complaints or disciplinary action by an attorney disciplinary agency or a
professional disciplinary agency of any jurisdiction.
(4) Each applicant for admission to the Kentucky Bar shall pay all investigative fees, reporting fees or other expenses required and assessed by the Character and Fitness Committee as deemed necessary in determining the character and fitness of the applicant.
HISTORY: Amended by Order 2007-007, eff. February 1, 2008; adopted by
Order 2001-2, eff. January 1, 2002.
See
also Essential Eligibility Requirements