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Saturday, November 22, 2014     
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  Mission & Governance 

The Kentucky Bar Association is an independent agency of the Supreme Court of Kentucky. Its authority to regulate the legal profession in Kentucky, delegated by the Kentucky Supreme Court through rules, is derived from the Kentucky Constitution.

The mission and purpose of the Association is to maintain a proper discipline of the members of the bar in accordance with these Rules and with the principles of the legal profession as a public calling, to initiate and supervise, with the approval of the Court, appropriate means to insure a continuing high standard of professional competence on the part of the members of the Bar, and to bear a substantial and continuing responsibility for promoting the efficiency and improvement of the judicial system. SCR 3.025



Section 116 of the Kentucky Constitution
"The Supreme Court shall have the power to prescribe rules governing its appellate jurisdiction, rules for the appointment of commissioners and other Court personnel, and rules of practice and procedure for the Court of Justice. The Supreme Court shall, by rule, govern admission to the Bar and the discipline of members of the Bar."


Ex Parte Auditor of Public Accounts, 609 S.W. 2d 682 (Ky. 1980)
The position of the KBA as an independent agency of the Supreme Court, not accountable to Kentucky's legislative or executive branches of government, was confirmed in a landmark separation of powers case in Kentucky. The Auditor of Public Accounts made direct application to the Supreme Court to determine whether he was legally entitled or required to audit the books and accounts of the State Bar Association. The Supreme Court held that where funds of the State Bar Association and the Board of Bar Examiners were not collected pursuant to any statute and were not appropriated by the legislative body, and where both the Association and the Board of Bar Examiners existed solely by virtue of rules of the Supreme Court, expressly and exclusively authorized by State Constitution, and were accountable to that court only, there was not constitutional authority by which they could be made accountable to either one of the other two branches of government. Held KRS 21A.130, 21A.140, 21A.150 and 21A.160 void because they purport to erect powers and limitations that no longer fall within the legislative province. This is the definitive case on the relationship of the Kentucky Bar Association as an "arm and agency" of the Supreme Court of Kentucky.
Copyright 2002-2014 Kentucky Bar Association
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