2.011 Moral character and fitness

All applicants for admission to the Bar of this Commonwealth must be of good moral character and general fitness requisite for an attorney.

(1) Every applicant shall be of good moral character. The applicant shall have the burden of proving that he or she is possessed of good moral character. The term “good moral character” includes qualities of honesty, fairness, responsibility, knowledge of the laws of the Commonwealth and the nation, and respect for the rights of others and for the judicial process. Good moral character is a functional assessment of character and fitness of a prospective lawyer. The purpose of requiring an applicant to possess present good moral character is to exclude from the practice of law those persons possessing character traits that are likely to result in injury to future clients, in the obstruction of the administration of justice, or in a violation of the Code of Professional Responsibility.

(2) Fitness is the assessment of mental and emotional health as it affects the competence of a prospective lawyer. The purpose of requiring an applicant to possess this fitness is to exclude from the practice of law any person having a mental health disorder or condition which would be likely to prevent the person from carrying out duties to clients, Courts, or the profession. A person may be of good moral character, but may be incapacitated from proper discharge of his or her duties as a lawyer by such disorder or condition. The fitness required is a present fitness, and prior mental health disorders or conditions are relevant only so far as they indicate the existence of a present lack of fitness.

(3) If the Committee's initial review and investigation into the character and fitness of an applicant reveals any of the following conduct, further detailed investigation shall be undertaken, as determined to be warranted, prior to the Committee's determination regarding whether the applicant possesses the requisite character and fitness to practice law in Kentucky:

A. Unlawful conduct

B. Academic misconduct

C. Making a false statement, including omissions of material information

D. Misconduct in employment

E. Acts involving dishonesty, fraud, deceit, or misrepresentation

F. Abuse of legal process

G. Neglect of financial responsibilities

H. Neglect or disregard of ethical or professional obligations

I. Violation of an order of court

J. Conduct indicating a mental health disorder or condition impairing the ability of an applicant to perform the functions of an attorney

K. Conduct indicating a substance use disorder impairing the ability of an applicant to perform the functions of an attorney

L. Denial of admission to the Bar in another jurisdiction on character and fitness grounds

M. Disciplinary complaints or disciplinary action by an attorney disciplinary agency or a professional disciplinary agency of any jurisdiction.

(4) Each applicant for admission to the Kentucky Bar shall pay all investigative fees, reporting fees or other expenses required and assessed by the Character and Fitness Committee as deemed necessary in determining the character and fitness of the applicant.

Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.