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2017-SC-000117-KB



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### ar1mon;r,c_ JAMIE L. TURNER MOVANT KBA Member No. 93293


### V. IN SUPREME COURT

KENTUCKY BAR ASSOCIATION RESPONDENT

OPINION AND ORDER Jamie L. Turner was admitted to the practice oflaw in October 2009: Turner's bar roster address is 212 WestEighth Street, Cincinnati, Ohio 45202, and her KBA number is 93293. Pursuant to Supreme Court Rule {SCR) 3.675, Turner's license to practice law was suspended for failure to comply with continuinglegal education {CLE) requirements onJanuary 20, 2017. Turnerfiled a "Notice/Requestfor Appeal ofSuspended License" on March 20, 2017 appealing that suspension. The Kentucky BarAssociation .(KBA) filed a response requesting that this Courtrequire Turner "to go through the restorationprocessjustlike the other KBA former members who were suspended for failure to meettheir
... (CLE] licensure requirements."
.Forthe following reasons, we agree with the KBA and adopt its recommendation thatTurner should not be exempt from the restoration process set forth in the Supreme Court Rules. I. BACKGROUND. The Director ofContinuing Legal Education determined thatTurner was deficient the entire twelve credits required for educationalyear 2015-2016 and 0.75 ethics credits for educationalyear 2014-2015. Because ofTurner's deficiency, the Director sent correspondence and email notices to Turner. Additionally, CLE department staff spoke with Turner several times when ·she called seeking additional time to request an extension. Despite being granted
an extension for the 2014-2015 educationalyear, Turner did not cure that deficiency. In November 2016, Turner called the KBA to discuss her 2015-2016 year deficiency and was told that she would be certifiedas non-compliant ifshe could not show some hardship or report timely earned credits. When Turner failed to do either, the KBA issued a show-cause notice requiring Turner to explain her failure to comply. Turner did not respond; therefore, the KBA suspendedTurner onJariuary 20, 2017. The notice ofsuspension advised Turner that she could seekreinstatementpursuantto SCR 3.500 or that she could appeal her suspension within 30 days. Turner did not timely file her appeal but did seek an extension to do so, which this Court granted. On :tvi;arch 20, 2017, Turner filed the above mentioned Notice/~equest for Appeal ofSuspended License. In her Notice and an attached affidavit, Turner sta;tes that s_he attended two three-day conferences in February 2015 and
2February 2016, which should have earned her 11.5 hours ofCLE credit for eachyear. However, for reasons Turner cannot explain, those hours were not reported to the KBA. Turner states that she did not realize that the hours had not been reported until she :received the notice ofsuspension. According to Turner, she did'not open any mail from the KBA because she believed itwas regarding her bar dues, not CLE. When she became aware ofthe deficiency,

.Turner took anonline CLE course.and attended a webcast, which provided a

. . combined 18 hours ofcredit
.. She also stated that·she was in the process of applying for approval ofthe credits she earned in February 2016 and that, once approved, she will be in compliance. D. ANALYSIS. SCR 3.645(1) provides that "everyperson licensed to practice law in this Commonwealth
... shall complete and certify a minimum of 12 credit hours in continuingJegal education activities
... including a minimum of2 credit hours devoted to 'ethics, professional respcin.sibility and professionalism"' during "[e]ach educational.year." There is no dispute thatTurner failed to meet the precedingrequirements duririg the 2014-2015 and 2015-2016 educational

.years. The onlydispute is whetherTurner should be relieved from complying

.with the restoration requirements ofSCR 3.500. Turner argues that she should be excused from compliance.because she inadvertently failed to realize she was deficient until November 2016. The KBA argues that this excuse lacks merit because its personnel made numerous attempts to contactTurner by mail and email and there were multiple telephone calls to and from Turner
3regardingher deficiencies. The KBA also notes Turner;s failure to respond to the show-cause notice, herdilatorinessin filing her appeal, and her failure to make any attempt to complywith the restoration requirements ofSCR 3.500 negate Turner's argument. We agree with the KBA thatTurner has notprovided a sufficient basis to relieve her from the suspension and the requirements ofSCR 3.500. The KBA provided more than sufficient notice to Turner ofher deficiency, and she has offered no viable excusefor ignoring thatnotice. Therefore, Turner's· suspension shall remain in effect until such time as she complies with SCR 3.500. ACCORDINGLY, IT IS ORDERED THAT: Jamie L. Turner's Notice/Requestfor Appeal ofSuspended License is denied, and she shall remain suspended pursuant to the KBA's January 20, 2017.Notice ofSuspension until such time as she complies with the appropriate restoration provisions ofSCR 3.500. All sitting. All concur. ENTERED: June 15, 2017.

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