IN RE: HEATHER ELIZABETH ROCHET KENTUCKY BAR ASSOCIATION V. RONALD DEAN HARRIS
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IN RE : HEATHER ELIZABETH ROCHET
OPINION AND ORDER
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By order of this Court dated December 28, 2009, Heather Elizabeth
Rochet, KBA Number 89673, was suspended from the practice of law in
Kentucky for the non-payment of Kentucky Bar Association dues for the fiscal
year which began July 1, 2009 . See SCR 3.050 . Rochet's last known bar
address is 4616 Northridge Circle, Crestwood, Kentucky 40014 . Rochet now
moves for us to reconsider and vacate the rule absolute and order of
suspension imposed against her.' CR 76 .38(2) . For the below stated reasons,
we deny Rochet's motion to reconsider .
Rochet requests we reconsider the rule absolute and order of suspension
because her failure to pay bar dues was a result of "inadvertence, excusable
neglect, and/or extraordinary reasons ." In support of her request she submits
the following hardships which presumably kept her from paying her bar dues:
she is caring for eight children; her mother fell and sustained a hip fracture
requiring Rochet to care for her; her son sustained multiple injuries due to
Rochet's motion cites CR 60 .02 as authority to reconsider our order. But since CR
60.02 is the rule for reconsidering orders issued by a district or circuit court we will
consider this a motion under CR 76.38 since that is the rule for reconsideration of
orders issued by an appellate court.
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wrestling; and her husband was given a reduced work schedule leading to
financial difficulties.
However, a motion to reconsider an order of this court under CR 76 .38
must show in some manner that our order is erroneous or improvident before
we will grant it. Rochet fails to present any evidence that our order of
suspension against her was erroneous or improvident. In fact, Rochet admits
that she failed to pay her bar dues in a timely manner, and thus suspension
was mandated under our rules. SCR 3 .050 .
There are several ways in which Rochet could have avoided being
suspended prior to the entry of our order . SCR 3 .040 allowed Rochet to file for
a hardship exception and receive an exemption from paying bar dues. Rochet
also could have responded to the notifications sent to her pursuant to SCR
3 .050 permitting her to show cause why she should not be suspended for nonpayment of bar dues . Rochet does not allege that she did not receive these
notices . She took advantage of neither option .
The correct path to being restored to membership to the Kentucky Bar
Association after being suspended for failure to pay dues is provided in SCR
3.500 . While we sympathize with Rochet's difficulties, her situation does not
compel a bending of our well-settled rules.
Thus, Rochet's motion to reconsider our rule absolute and order of - _suspension entered December 28, 2009, is hereby DENIED .
All sitting. All concur.
ENTERED : March 18, 2010 .
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