Kentucky Law Review

Argument Calendar for Aug. 2008 for Kentucky Court of Appeals

Argument Calendar for Aug. 2008 for Kentucky Court of Appeals at the Kentucky Court Report.

CRIMINAL NEWS: "Online sex stings in Kentucky succeed"

Online sex stings in Kentucky succeed COURIER JOURNAL

As part of the sting, Perverted Justice members pretend to be young teenagers while corresponding online with men who vividly described sexual acts they would like to perform -- sometimes sending sexually graphic photographs or video via the Internet -- and then arrange to meet at the child's home.

NEWS: Judge rules against request to rehire teachers

Judge rules against request to rehire teachers COURIER JOURNAL

Jefferson County Public Schools will not have to rehire 18 teachers who were let go for alleged disciplinary and performance issues, at least for now.

LAWYERS: "Carl Bensinger joins Jefferson election board"

Carl Bensinger joins Jefferson election board COURIER JOURNAL

Louisville attorney Carl Bensinger has been confirmed by state election officials as the Democratic Party's representative on the four-member Jefferson County Board of Elections.

WEB/TECH: Of jurors, Google (tm), oaths, and attorneys - the "eyes" have it.

Louisville lawyer Finis Price at TechnoEsq has posted commentary on a story about jurors "googling" for information in violation of judge's instructions.  See, Jurors Using Google and the Internet.

We all know the story of a lone jury member disregarding his/her instructions given by the presiding judge in a case and reading the newspaper or catching the local news to find out information about the case on which he/she is sitting.  However, apparently a new and more disturbing trend has arisen, jury members who perform research on the Internet or look up definitions of words and concepts on Google.

However, this story is disturbing on so many levels beyond the mere fact that we have "googlers" on the jury, but rather jurors who violate their oaths to the court and to the system, and then break their promises to lawyers and litigants alike to listen to the evidence and abide by the law as given to them by the judge and limit their decision to the facts presented in the courtroom and not the backroom.

Another even more disturbing implication is whether their googling efforts are limited to terms and definitions.   Googling for personal spaces/faces of litigants and lawyers is not a stretch either, and this involves two issues.

First and foremost, the gaining of information outside of the controls of the court system.

Second, lawyers and bloggers responsibilities to the system regarding their comments and analysis on pending cases or continuing issues. 

With regard to the blogging and web site issues, I do not have an answer but will continue to reflect on it further.  In a nutshell, the KBA permits blogging with approval of the about page (lawyer information).  However, the informal guidance by the KBA assumed (I believe) that blogging was a synonym for "journalism" or something other than "commercial speech".  Such an assumption is ill-conceived by the KBA and improvidently implemented by those lawyers who connect  seamlessly integrate their blogs into their web sites and thus make it commercial advertising on topics that are currently regulated by the bar. 

What do I mean by "seamlessly integrating"?  There are some blogs which are distinct and separate from their firm's web site (which must be approved entirely by the KBA) and each of which has a separate domain name.  Some even have a separate and distinct theme on top of the physical domain name separation.  Then there are blogs which are tied directly into the web site with just a topic in which the legal blogger remarks on items of interest relevant to the law and to his practice.  In these "seamlessly integrated" legal blogs, the reader can easily be confused where the "journalism" of the blog ends and the "advertising" of the firm's web page begins. 

Is the blog tied into the web site nothing more than an "on-line" mailing or is it really a piece of journalism and opinion that is clearly not advertising?  The KBA will probably be addressing this one day.  I, for one, like many other lawyers have opted to keep the "journalism" separate from the "advertising" to avoid confusing and misleading readers.  Plus, the "audience" for the Kentucky Law Review, the Kentucky Court Report, and Sixth Circuit Cases is lawyers and legal professionals, not general members of the public.  A distinction with a difference as probably envisioned by the informal guidelines from the KBA.  If the legal blog looks like it's just another page at your web site, then you may fall into the zone of KBA scrutiny, especially if the content focuses on you, your firm, and your lawyers with announcements and their availability to handle those matters or share the word on their accomplishments.  Note that Kentucky is one of the few states requiring pre-approval of some of the advertising, and in-state lawyer/bloggers need/should keep an eye on the out-of-state designers, many of which advocate the blog's integration into the web site.

Blogging is nothing more than push technology in the computer sense of the term.

Blogging is also considered by some as journalism.  However, it is not the label that will control but rather the language of the post.

More later.

Updated 7/29/2008 @ 7:35 a.m.  I woke up this morning and thought I needed to clarify this post drafted last night.  Deletions are marked out with a line and additions noted in italics.  Mike.

OFF TOPIC: "Now's the time to plan for Idea Fest"

Now's the time to plan for Idea Fest COURIER JOURNAL

Buckle up and hold on... On Sept. 25, the 2008 IdeaFestivalÆ returns for three days of high-speed innovation, inspiration and ideas at the edge.

Cha, cha changes, they stay the same..... or do they. ILB post on listening and doing on suggestions for the legislature's web site.

I enjoyed the following read from Marcia Oddi at the Indiana Law Blog on how her stories and objections (as well as from others) may have had an impact on keeping certain materials available on the Indiana Legislative web site, eg., Previous acts of the Legislature!.

What comes to mind at first is "I am blawger, hear me roar!"  Yes, I know I have used that Helen Reddy aliteration before, but what do you want creativity, originality, or just consistency? [wink].

Seriously, change comes from many directions, and not all proponents nor proposals get heard, accepted or even implemented.

Although I cannot comment on the Kentucky legislature's response from my own experience, I can comment on the AOC and Kentucky's Court of Justice web site's response to suggestions.

Very, very good! First, they can be reached.  Second, they respond.  Third, they are a government organization, so understand they move in steps (albeit small steps).  Change requires a conscious effort to consider the consequences when you have a bar membership this large, and the ripple effect of poor implementation would and could be incredibly disruptive.

The director and the staff at the AOC have always been quick and responsive to telephone calls, email inquiries, and questions.   

Look at recent developments - increased digital records of proceedings, more courthouses, more modern courthouses, live web casting of Supreme Court arguments, recordings of Court of Appeals arguments, CourtNet access to public court records via the KBA for lawyers.

Yes, they can do more.  But a call, an email, a question works. 

I have been afraid that a blog posting on a point brings too much attention forcing more deliberation on some points so I try to be selective on my ideas.

Meanwhile, back to the inspiration for this post.  Thanks Marcia.

Ind. Law - Still more on: More issues with the General Assembly's website

By Marcia Oddi on Indiana Law

May 9, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:23)

May 9, 2008 -  KENTUCKY COURT OF APPEALS DECISIONS (2008:23)

• HTML Version of the LawWire - Published and Nonpublished decisions
• PDF Version of the LawWire
• COA Argument Calendars
• SCOKY Argument Calendars
• Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text)
• MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes]
• 33 rendered decisions
  • Nos. 539-571
  • 4 published decisions

AOC NEWS: Deputy chief justice of the Supreme Court to be guest speaker at Jefferson County Drug Court graduation July 29

Deputy chief justice of the Supreme Court to be guest speaker at Jefferson County Drug Court graduation July 29

The public is invited to attend a Jefferson County Drug Court graduation at which Deputy Chief Justice Will T. Scott will be the guest speaker.

6th Cir. Decisions for Week of July 21-25, 2008 (No Ky Decisions)

6th Cir. Decisions for Week of July 21-25, 2008 (No Ky Decisions)