IN RE: RICK D. SIDERS
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TO BE PUBLISHED
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2006-SC-0244-OA
IN RE:
RICK D. SIDERS
Candidate for July 2006
Kentucky Bar Examination
OPINION AND ORDER
Rick D. Siders of Johnson City, Tennessee petitions this Court to waive the
application of SCR 2 .080(4) which limits the transferal of exam scores on the Multistate
Bar Exam (MBE) to a period of three years. In 2002, Mr. Siders graduated from an
ABA-accredited law school in another jurisdiction and subsequently passed the bar
exam and was admitted to practice law in that jurisdiction . Thereafter, he entered
service as an officer in the United States Navy Judge Advocate General Corps.
Mr. Siders attempted to sit for the Kentucky bar examination in 2005, which
would have been within the three-year window provided by SCR 2.080(4) allowing him
to transfer the MBE scores from the other jurisdiction . Had this happened, Mr. Siders
would only need to sit for the essay portion of the bar examination . He was never able
to take the examination in 2005, however, due to orders pending that would have him
deployed to Afghanistan for military duty there .
Upon discharge from service, Siders petitioned the Kentucky Office of Bar
Admissions to waive the application of SCR 2.080(4). They informed him that although
his scores were sufficient they were not able to waive the rule's applicability. This Court
accepted review of the matter per Siders's motion. SCR 2 .060 .
There are strong public policy reasons to promote and reward military service
and the fulfillment of duty to our Country. Kentucky has allowed the fulfillment of active
military duty to cause the tolling of other statutory limits. See, e.g., Kilfoile v. Sherman ,
535 S.W.2d 69 (Ky. 1976).
In this case, Siders was presented with imminent orders to be deployed in
wartime activities overseas . It is obvious that these orders would not only disrupt but
prevent the proper preparation for the bar examination . In addition to the pending
orders, it operates most in his favor that he has promptly applied for the next
examination after his service and intends to sit for this examination pending the
decision of this matter. In this case, the facts support tolling the application of the
three-year window in SCR 2 .080(4) to include the transfer of his MBE scores from the
2002 examination to his July 2006 Kentucky Bar Examination .
THEREFORE, . IT IS ORDERED THAT:
Given the unique circumstances involving military service, Rick D . Siders shall be
permitted to transfer MBE scores from his 2002 bar examination to the July 2006
Kentucky Bar Examination thereby eliminating the need for him to sit for the MBE
portion of the July 2006 Kentucky Bar Examination .
All concur .
ENTERED : May 9, 2006
ATTORNEY FOR PETITIONER:
ATTORNEY FOR RESPONDENT :
Rick D. Siders
Baker, Donelson, Bearman, Caldwell &
Berkowitz
207 Mockingbird Lane, Ste . 300
Johnson City, TN 37602
Grant M . Helman
600 W . Main Street, Suite 100
Louisville, KY 40202
Bonnie C. Kittinger
Director, Kentucky Office of Bar
Admissions
1510 Newtown Pike, Ste. 155
Lexington, KY 40511-1255
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