Bill to deter unauthorized practice of law clears House committee

Change would make the crime a felony; becoming a problem in the immigration field

FRANKFORT, Ky. (WTVQ) – Those in Kentucky who practice law without a license could face harsher penalties under a new House bill.

Rep. Daniel Elliott, R-Danville, presented House Bill 256 to the House Judiciary Committee on Wednesday. The measure would increase the penalty for unauthorized practice of law to a class A misdemeanor on the first offense and to a class D felony for any subsequent offense.

Under current statute, the penalty for the unauthorized practice of law—no matter how many times a person commits the offense—is a class B misdemeanor.

“I think someone who’s done this over and over again needs to be appropriately punished in order to create a deterrent effect,” Elliott said.

During discussion on the bill, Rep. Jason Nemes, R-Louisville, said he believes the current statute is sufficient.

“Unlawful practice of law is an important thing. But should it be a felony? I don’t think it should be,” Nemes said, adding he would like for lawmakers to take a holistic look at the penal code before creating more felony offenses in Kentucky.

Elliott said he agrees with Nemes that a holistic look at the overall penal code is needed, but he hopes the increase in penalty for the first offense under HB 256 would create enough of a deterrent.

While explaining her vote, Rep. Nima Kulkarni, D-Louisville, said while she normally is against adding felonies, “there is a scourge of unlawful practice of law in immigration specifically. And I have seen firsthand the personal emotional and financial devastation that occurs.”

House Majority Whip Chad McCoy, R-Bardstown, agreed with Kulkarni. Although he is not normally in favor of adding another felony, he said he believes this change is needed.

In referencing the impact statement that accompanies the bill, McCoy said: “No one believes this is going to increase the jail population or the cost.”

HB 256 was approved by the House Judiciary Committee by a 14-2 vote and will now go before the House for consideration.