Kansas Judicial Branch Home
Kansas Courts
Kansas Judicial Branch
CONTACT INFORMATION

Clerk of the Appellate Courts
Kansas Judicial Center
301 SW 10th Avenue, Room 374
Topeka Kansas 66612-1507
Telephone:  785.296.3229
Fax:  785.296.1028
Email: appellateclerk@kscourts.org


Rules Adopted by the Supreme Court

Rules Relating to Admission of Attorneys

Rule 722
Rules Relating to Admission of Attorneys

Proceedings Before the Supreme Court Following an Adverse Board Ruling

(a) An original and ten copies of the Board’s written decision following a character and fitness hearing shall be filed with the Clerk of the Appellate Courts who shall mail a copy to the applicant.

(b) Upon the filing of the written decision, the Clerk shall forthwith order a copy of the transcript of the hearing before the Board which shall be mailed to the applicant, upon receipt in the Clerk’s Office.

(c) The applicant may, within twenty days of service of the transcript of the hearing, file with the Clerk exceptions to the written decision of the Board. Any part of the written decision which is not specifically excepted to shall be deemed admitted.

(d) If exceptions are filed, the Board shall file a response with the Clerk within twenty days after service of the exceptions.

(e) If the applicant fails to file exceptions to the written decision of the Board within twenty days of service of the transcript on the applicant, the findings of fact and conclusions of law in the written decision shall be deemed submitted to the Supreme Court.

(f) The notice of hearing, the response to the notice of hearing, the written decision of the Board, the applicant’s exceptions and the Board’s response, if any, the transcript of the hearing, and all other evidence admitted before the Board shall constitute the record before the Supreme Court.

(g) The Board’s factual findings will be accepted if a reasonable fact finder could have been persuaded that the factual finding was proved to be highly probable. The Supreme Court shall make the final determination as to those persons who shall be admitted to practice law in the State of Kansas.

(h) Oral argument will not be permitted. The Supreme Court will make a determination based upon the record before the Board and enter its final order.

(i) Any applicant whose petition for admission to the practice of law in the State of Kansas is denied by the Supreme Court by reason of lack of good moral character or current mental and emotional fitness to engage in the active and continuous practice of law shall not be permitted to reapply in Kansas until three years shall have elapsed from the date the previous application was denied by the Court.

(j) Any subsequent reapplication shall be heard by the Board, following a full investigation by the office of the Disciplinary Administrator and consideration by the Review Committee. The applicant shall have the burden of establishing by clear and convincing evidence that the applicant possesses the requisite good moral character and current mental and emotional fitness to engage in the active and continuous practice of law. Additionally, the applicant shall have the burden of establishing by clear and convincing evidence that:

(1) The applicant has demonstrated consciousness and acknowledged the seriousness of any wrongful conduct to the extent that wrongful conduct gave rise to the denial of the previous application;

(2) The applicant has engaged in conduct since the denial of the previous application which demonstrates that the applicant has been an active and productive citizen;

(3) The time elapsed since any misconduct, to the extent that wrongful conduct gave rise to the denial of the previous application, is sufficient;

(4) The applicant has not engaged in the unauthorized practice of law; and

(5) The applicant has received adequate treatment and rehabilitation and experienced a sustained period of rehabilitation from any substance abuse or mental or emotional illness or condition, to the extent that such conduct gave rise to the denial of the previous application.


[History: New Rule effective July 1, 2009; Am. (j) effective February 3, 2014.]

See also: Rule 1001 - Electronic and Photographic Media Coverage of Judicial Proceedings