KENTUCKY BAR ASSOCIATION V. JOHN MARK BARGER
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TO BE PUBLISHED
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2000-SC-0712-KB
KENTUCKY BAR ASSOCIATION
APPELLANT
IN SUPREME COURT
V.
APPELLEE
JOHN MARK BARGER
OPINION AND ORDER
John Mark Barger was suspended from the practice of law in July 2000, pursuant
to SCR 3 .166(1), after being convicted in the Perry Circuit Court of first-degree
possession of a controlled substance . KBA v. Barger, Ky., 26 S .W .3d 791 (2000).
Subsequently, the Kentucky Court of Appeals reversed Barger's conviction and, on
November 21, 2002, this Court entered an order dissolving Barger's suspension and
abating the underlying disciplinary matter pending the outcome of the criminal case.
The Registrar of the Kentucky Bar Association has filed a motion with this Court
requesting guidance on Barger's membership status. The Registrar points out that our
rules governing reinstatement and restoration of membership, SCR 3 .500, 3.510, and
3 .675, do not address the situation where an automatic suspension is dissolved, and
the member thereafter is eligible to be listed as a member in good standing . It is the
Registrar's position that in addition to paying his annual Bar dues, Barger must be
current on his Continuing Legal Education Requirements . Barger's CLE record reflects
that he had sufficient carry-over credits to satisfy the 2000-2001 educational year
ending June 30, 2001 . However, he did not complete any hours for the 2001-2002
educational year, nor has he submitted any hours for the current 2002-2003 year .
Thus, the Registrar argues that Barger must complete 25 CLE credits before he can be
listed as a member in good standing .
Apparently, this is the first time this Court has been confronted with such a
situation . Clearly, our rules regarding reinstatement and restoration of membership do
not address the present situation, i .e. dissolution of an automatic suspension . SCR
3 .675, Continuing legal education requirements for restoration or reinstatement to
membership: procedures, provides, in pertinent part :
(1) Every former member, applying for or otherwise seeking restoration
or reinstatement to membership pursuant to Rules 3 .500 or 3 .510,
shall be required to have completed the minimum annual continuing
legal education requirement for each year during which he or she was
not a member in good standing, including any year prior to disbarment,
suspension or withdrawal under threat of suspension, during which the
minimum annual continuing legal education requirement was not
fulfilled . Completion of such credits shall be certified to the
commission as a condition precedent to reinstatement or restoration .
SCR 3 .500 governs restoration of membership following retirement pursuant to SCR
3 .480, or suspension for CLE noncompliance or failure to pay bar dues. SCR 3 .510
sets forth the procedure for reinstatement in cases of disciplinary suspension. Neither
rule appears to contemplate the procedure to be followed in the event that an automatic
suspension is dissolved .
Without question, Barger is responsible for completing the previous 2001-2002
year CLE requirement before he is eligible to be listed as a member in good standing .
However, we are of the opinion that our Order dissolving the automatic suspension
returned him to the same position he was in prior to the suspension. Thus, we perceive
no reason why Barger should have to complete the current year's CLE requirement
before the June 30, 2003 deadline imposed upon all other members of the Bar. This is
not a case where a suspension has expired by its own terms, as set forth in SCR
3 .510(2) ; rather, it is as if the suspension did not occur . Barger was automatically
suspended by operation of SCR 3 .166, following his felony conviction . That conviction
no longer exists, and until such time, if ever, that Barger is again convicted on the
underlying charges, or the KBA takes disciplinary action against him, Barger is returned
to his pre-suspension status and should not be penalized for having yet to complete the
current year's CLE requirements .
Accordingly, IT IS HEREBY ORDERED that John Mark Barger shall pay any and
all dues currently owed to the Kentucky Bar Association . Further, he shall complete the
12 .5 CLE credits needed to fulfill the prior 2001-2002 educational year requirement
before he is eligible to be listed as a member in good standing of the Kentucky Bar
Association authorized to practice law in the Commonwealth of Kentucky. Barger has
until the June 30, 2003 deadline to fulfill his current 2002-2003 year's CLE requirement .
Lambert, C .J ., Cooper, Graves, Johnstone, Keller, and Wintersheimer, J .J .,
concur . Stumbo, J ., not sitting .
ENTERED : March 20, 2003.
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