KENTUCKY BAR ASS'N v. Cook

OPINION AND ORDER

On January 9, 2006, this Court issued a Show Cause Order against John Grant Cook, KBA Number 90412, whose last known bar roster address is 1602 Bards-town Road, Louisville KY 40205, to show why he should not be suspended from the practice of law for failure to comply with the New Lawyer Skills Program requirements as set forth in SCR 3.652(9).

SCR 3.652(9) provides that suspension from the practice of law is warranted for failure to complete and certify attendance for the New Lawyer Skills Program pursuant to paragraphs (5) and (6). It allows for lesser sanctions where appropriate.

SCR 3.652(5) requires Kentucky State Bar Association members to complete the New Lawyer Skills Program within twelve (12) months following the date of their admission.

On October 25, 2005, the last program available before the expiration of the twelve-month period, was held in Cov-ington, Kentucky. Cook registered for and attended the first day of this program. On the second day, however, he appeared late by about one or two hours.

*427Cook responds that he experienced unforeseen automobile trouble on the morning of October 26 when driving from Louisville to Covington for the program. The rest of his response is apologetic and acknowledges his duties to better prepare for these types of situations.

The record does not show that Cook applied for any type of extension.

In its reply to Cook’s pleading, the CLE Commission moves the court to find that Cook has not shown cause why he should not be suspended from the practice of law or otherwise sanctioned pursuant to 3.652(9). In lieu of a suspension, the CLE Commission requests the Court order Cook to make up the portion of the program he missed at the New Lawyers Skills Program, scheduled for April 19-20, 2006 in Louisville; fine Cook $500 for his failure to attend; and, order that he will be ineligible and shall not apply for a non-hardship time extension pursuant to SCR 3.667(2) for the education years June 30, 2006 and June 30, 2007.

We find that Cook has not shown cause why he should not be suspended from the practice of law or otherwise sanctioned. However, we adopt the CLE Commission’s recommendation for a fine in lieu of suspension, except that the fine shall be $300.00.

It is therefore ORDERED:

1. Cook shall pay a fine of $300.00 for non-compliance with the CLE requirements of SCR 3.652(5) for last year, to be paid to the Kentucky Bar Association within thirty (30) days of the date of this order, for which execution may issue upon expiration of said thirty (30) days;
2. He shall attend that portion of the New Lawyers Skills Program, scheduled on April 19-20, 2006 in Louisville, that he missed in October 2005; and
3.He shall not apply for nor shall he be eligible for a non-hardship extension of time pursuant to SCR 3.667(2) for the educational years- June 30, 2006, and June 30, 2007.
All concur except LAMBERT, C.J., who files a separate dissenting opinion and is joined by GRAVES, J.

GRAVES, J. files a separate dissenting opinion and is joined by LAMBERT, C.J.

ENTERED: April 11, 2006.

/s/ Joseph E. Lambert Chief Justice