Delaney v. KENTUCKY BAR ASS'N

OPINION AND ORDER

Movant, Mary Jo Delaney (a.k.a. Mary Jo Arflack), KBA Member No. 01625, has applied for restoration to membership pursuant to SCR 3.500(1). Delaney’s bar roster address is 5121 Oaklawn Park Drive, Louisville, KY 40299. By order of this Court entered November 12, 2002, she withdrew from the Kentucky Bar Association (KBA) under SCR 3.480(1). At the time of her withdrawal, she had no disciplinary investigations, complaints, or charges pending against her. Delaney originally submitted her application for restoration on October 16, 2007, less than five years after the date of withdrawal. An application filed more than five years after the date of withdrawal requires the applicant to have taken a written examination administered by the Board of Bar Examiners in accordance with SCR 3.500(3).

KBA FILE NO. 15791R
SCR 3.500(1) provides, in pertinent part: “Any former member who has retired under Rule 3.480, ... and such status has prevailed for less than a period of five (5) years, may apply for restoration by completing forms provided by the Director, to include a certification from the KBA that there is no pending disciplinary matter, tendering a fee of $250.00, and payment of dues for the current year and all back years ...”

Delaney’s application for restoration came before the Board of Governors on November 16, 2007. With her application, the KBA received a check for $1772.00 for dues and fees. There were no disciplinary matters pending against her, and she had not been the subject of any claims against the Clients’ Security Fund. Additionally, her application included notarized affidavits from two KBA members in good standing. However, the application was incomplete in that it 1) did not provide the KBA with a copy of the Supreme Court order allowing her to withdraw; 2) did not include a notarized affidavit from a third KBA member in good standing (Delaney did not have the signature of a federal judge notarized in a statement in support of her reinstatement); and 3) did not provide certification from the Continuing Legal Education Commission pursuant to SCR 3.675(2).

*764Despite these deficiencies, the Board of Governors recommended, by a 15-2 vote, that the application for restoration be conditionally approved, as the Supreme Court order allowing her withdrawal was readily available, and although the KBA had not yet received the certification, Delaney had completed the necessary CLE hours as of October 12, 2007, and had properly requested the certification. The Board therefore concluded that these were only minor deficiencies and that Delaney should be given a short period of time to correct them. The KBA received the CLE certification on November 19, 2007, and the notarized affidavit of the federal judge on November 21, 2007.

Given Delaney’s efforts to remedy the deficiencies, we adopt the recommendation of the Board of Governors and conclude that the application was timely filed.

CONCLUSION

After careful consideration of the facts and upon the recommendation of the Board of Governors, this Court orders that Mary Jo Delaney (a.k.a. Mary Jo Arflack), KBA Member No. 01625, is restored to membership in the KBA and to the practice of law in this Commonwealth, subject to her payment of the costs of this proceeding in the amount of $190.14, as required by SCR 3.500(5).

All sitting. LAMBERT, C.J.; ABRAMSON, CUNNINGHAM, MINTON, NOBLE and SCOTT, JJ., concur. SCHRODER, J., dissents by separate opinion.

ENTERED: February 21, 2008.

/s/ Joseph E. Lambert Chief Justice

Dissenting