Kentucky Law Review

TECH: LBA twitters away with new Twitter Page

Another twitter me this and twitter me that as social media expands in the LBA.  I am not twittering yet, but those of you who are, then feel free to leave some anonymous comments on the value and/or interesting asides on the twitter teching.

LBA Announcements

By vmsmit06 on Student

The Louisville Bar Association would like to inform members of our law school community about their new Twitter page. Yes, you heard correctly. The LBA is now 'Tweeting' with the goal of improving dialogue between LBA members, law students and other legal professionals in our community.

LAWYERS: Louisville attorney and Kentucky Justice Secretary Brown paying back fed taxes

Bluegrass Politics Blog reports on a local Kentucky politician and lawyer with tax woes.  Taxing problems are not the exclusive domain of the Obama administration's appointees.   Here is John Cheeves link with a teaser comment:

Justice Secretary Brown paying back taxes
Kentucky Justice Secretary J. Michael Brown owes the U.S. government for underpayment of income taxes from his previous job as a Louisville lawyer. Brown said Thursday that he pays the Internal Revenue Service $2,933 a month in back taxes, penalties and interest as part of a 48-month settlement he entered several years ago. Brown said he does not recall the original size of his debt, but he still owes the IRS $6,398 in back taxes and $17,599 in penalties and interest before his payments end in December.

LOUISVILLE: Fairness Campaign to Host Prop 8 ‘Day of Decision’ Protest or Celebration Rally

Twitter me this and twitter me that, but twitter me quickly where I'm at.

Interesting press release using Twitter to get the word out with date to be twittered and facebooked to those in circle.

Fairness Campaign to Host Prop 8 ‘Day of Decision’ Protest or Celebration Rally

24-Hour Notice of Rally Date to be Released Via Twitter and Facebook

(Louisville) As the California Supreme Court draws nearer to a ruling on the state's controversial Proposition 8, the recently-passed law defining marriage as between a man and a woman, Louisville's Fairness Campaign joins organizers from across the country hosting a "Day of Decision" rally—either a public protest or celebration based on the court's ruling.

Slated to rule on the case by June 3, the court has promised a 24-hour advance notice of their decision, which will give organizers only one day to rally supporters. The Fairness Campaign will utilize social networking sites Twitter (FairnessCamp) and Facebook (Fairness Campaign) to notify public of the rally date. The time and place are set for 6 p.m. at the Hall of Justice, corner of 6th and Jefferson Streets.

WHAT: “Day of Decision” Protest or Celebration Rally

WHEN: 6 p.m., Date TBA via Twitter (FairnessCamp) and Facebook (Fairness Campaign)

WHERE: Hall of Justice, corner of 6th and Jefferson Streets

WHO: Fairness Campaign and supporters of marriage equality.

# # #

2263 Frankfort Avenue • Louisville, KY 40206   502.893.0788    Fairness.org

To be removed from this email list please reply with the word "Remove" in the subject line.

LOUISVILLE: Some UofL Law Students will be protesting Sen. Mitch McConnell's presence at their graduation - Mitch "you do not speak for us!"

University of Louisville Law student not pleased with Sen. Mitch McConnell and will be protesting during graduation exercises.

Dear Sen. McConnell,

As a few of the members of the Brandeis School of Law Class of 2009, we welcome you to our commencement.  We know you don’t get to Louisville often, and certainly it is quite a feather in the cap of our school to secure the speaking services of one of the most powerful political leaders in the country. We have spent the past three years discussing at length, among other things, the civil rights and liberties granted by our Constitution.  It is on those subjects we feel secure in telling you that when you are speaking at our graduation, you do not speak for us.

There is a phrase we hear often in law school when a professor wants to move on from a classroom debate:  “Reasonable people can disagree.”  But the fact is, there are some things that are absolutely unreasonable. The idea that some of us can be fired from a job because of who they love? That is unreasonable.  Tapping the phones of U.S. citizens without judicial oversight is unreasonable.  That immigrants are demonized for our nation’s problems is unreasonable. Your position on such basic issues is unreasonable.

The fact that you have vehemently and repeatedly opposed equality in any way shape or form for many of our citizens is unacceptable in this nation. It has nothing to do with partisanship, and everything to do with our rights as citizens and as human beings. There are Republicans who believe in civil rights, and quite a few Democrats who do not. Were it, for example, our current lieutenant governor speaking at graduation, we would be just as upset. There are things about which it is time for people to stop agreeing to disagree and to start calling what it is: prejudice.

Graduation day is going to be a day of celebration for our classmates, our families, and our friends.  We have all worked hard, and regardless of our political persuasion, we deserve to have this day to enjoy free of disruption and disorder.  However, we will not sit silently on a stage listening to someone who has time and again acted to prevent some of our classmates, and indeed community members, from achieving equality under the eyes of the law.  We will each be wearing a button on our graduation robes to register our dissent. You may speak for a bare majority of Kentuckians right now, but you do not speak for us, nor do you speak for the future of where our state or country is headed.

The sign outside the school says Brandeis School of Law, not School of Justice or School of Fair. Certainly the law is not always just or fair. Still, it seems to us that justice is what the country has been moving toward in the law since our humble beginnings. On the day of our law school convocation, as law students and future attorneys, it is up to us to stand for justice and equality. Every time a law has been challenged to bring justice for someone who was previously not allowed full participation in society, it made us a better country. Sen. McConnell, you are on the wrong side of history here, for LGBT people, for women, for immigrants, for the poor, and for people who honor peace and civil liberties.

Our school’s namesake, Justice Louis D. Brandeis, said, “America has believed that in differentiation, not in uniformity, lies the path of progress. It acted on this belief; it has advanced human happiness, and it has prospered.”  The day is coming, sooner than you can imagine, when it will be unthinkable for a school to invite someone who does not believe in equality to speak at a commencement.  When that day comes, it will also be unimaginable that someone who works against the full rights and liberties of all Americans could ever speak for the citizens of the Commonwealth.  Until that day comes, know that you do not speak for us.

Christopher McDavid

Rebecca O’Neill

Lucie Small

University of Louisville Brandeis School of Law

Class of 2009

New Ethics Rules to take effect July 15, 2009 - anyone willing to do commentary/digest of them???

[LINKS TO RULES and RULES WITH CHANGES CORRECTED; note that the additions to the rules are underscored, and the deletions in brackets].

The Rules of Professional Responsibility have been revised with a little mixup in the news.  Here are some of the stories, with links to the rules and changes.  Should anyone wish to do any commentary on the rules, just email me and we'll post them!

Here is the LINK to the revised rules in PDF which are effective JULY 15, 2009!!!

Here is a link to the rules prior to 7/15/2009 with changes and deletions noted and marked! CLICK HERE.

Click here for the AOC Press Release.

Office of courts clarifies new rules on lawyer ethics

The day after the Kentucky Supreme Court announced it had approved the first major changes in lawyer ethics rules in 20 years, the Administrative Office of the Courts said some of the changes were incorrectly described in a document released to news outlets and posted on the court's Web site.

Lawyers must report misconduct, court says

The Kentucky Supreme Court made it mandatory yesterday for lawyers to report the misconduct of other attorneys and judges, as part of its first major revision in lawyer ethics rules in 20 years.

KENTUCKY BAR FOUNDATION SPONSORS “CARE” PROGRAM FOR FINANCIAL LITERACY

FRANKFORT, Ky. -- As the challenges of today’s economy continue to come into focus, high school seniors in more than 20 schools in Fayette, Jefferson, Clark, Madison, Pulaski and Pike counties are benefiting from an innovative approach to financial literacy sponsored by the Kentucky Bar Foundation, Inc. (KBF).

Financial tips like creating a budget, opening a savings account, finding ways to save money, and paying bills on time will be presented through the CARE – Credit Abuse Resistance Education – program along with explanations on common forms of credit, car loans, predatory lending, the true cost of credit cards and the consequences of credit abuse. Presentations have been made in Lexington, Richmond and Somerset, and will continue in other locations over the next several weeks. 

“In reality, the CARE program is one that people of all ages could benefit from, but we are especially excited about this opportunity to help young people start their financial lives on the right foot, especially during these trying times,” said Todd S. Horstmeyer, KBF Executive Director. “This effort allows attorneys to meet face to face with students to discuss the legal obligations associated with credit, the many ways people abuse credit and how bad economic decisions regarding finances can impact their lives negatively for years to come. “

The CARE program is based on a successful initiative launched by U.S. Bankruptcy Judge John C. Ninfo II of Rochester, N.Y., who saw a pressing need for an education program aimed at preparing students for their financial future. The CARE program has expanded dramatically since its creation in 2002 and is now presented at locations in all 50 states. (Ninfo personally presented the CARE program to students at Lafayette High School in Lexington on March 12.)

The program got its start in Kentucky in 2008 as a KBF pilot project in selected Lexington and Louisville schools. The success of the CARE presentations led to the Kentucky Board of Education approving the program for presentation in public schools statewide.

After receiving training in CARE materials and goals, members of the Fayette County Bar Association, the Louisville Bar Association, the Madison County Bar Association, the Clark County Bar Association, the Pulaski County Bar Association and the Pike County Bar Association then present the program in their respective communities.

Participating students will receive a colorful, eye-catching booklet with the CARE program’s financial tips that was designed and printed through a KBF grant.

Horstmeyer said the bar foundation hopes to expand the program even further into the state in the coming years. The CARE presentation schedule for 2009 includes the following schools and dates:

• Lexington:  Lafayette and Henry Clay, Wednesday, April 29; Lafayette, Tates Creek, Dunbar, Thursday, May 1;

• Louisville:  Atherton, Brown School, Central, Doss, Iroquois, Moore, Southern, Waggener, Western; Monday, May 11 and Tuesday May 12;
• Clark County: George Rogers Clark High School, May 12 (Other area schools and dates to be announced);
• Madison County:  Model Lab, Richmond, Wednesday, April 29; and Madison Central High School, May 22;
• Pike County: East Ridge High School, Lick Creek, Wednesday, May 6; Pike County Central, Pikeville, Thursday, May 7;
• Somerset: Somerset High School, April 29 and 30; Pulaski County High School, May 5; and Southwestern High School, May 6.

CREDIT ABUSE RESISTANCE EDUCATION FACTS

• Up to 10 percent of college students will drop out of school because of credit card problems.

• Bankruptcies amount young adults ages 18 to 24 increased 96 percent in the 1990s.  Nineteen percent of current bankruptcies are filed by people under age 25.  The average college student graduates with more than $3,000 in credit card debt and $20,000 in student loan debt.
• People from all walks of life end up in bankruptcy court, including lawyers, doctors, engineers, teachers, accountants and bankers. They often say they just go caught up in overspending like everyone else. Forty-three percent of Americans spend more than they make.
• Living a debt-free life is better than a debt-filled life. Eighty-five percent of teenagers say they don't like how it feels to owe someone else.

The Kentucky Bar Foundation, Inc. is a nonprofit organization which serves as the charitable arm of Kentucky’s legal community. KBF is committed to promoting justice and legal education for all Kentuckians. This mission is achieved through grants to projects which advance the administration of justice by addressing law-related needs.

KBF supports projects that:

• help those in need through law-related programs;

• provide information to the public so they can better understand the law and avail themselves of their rights under our judicial system;

• work to enhance and build trust in the Kentucky Bar and the legal system; and
  
  
• publish important works concerning the law, the legal profession and the judicial system.

For more information on the Kentucky Bar Foundation, visit www.kybar.org

Supreme Court Justice Venters Speaker at 2009 Law Day in Frankfort

Justice Daniel J. Venters of the Supreme Court of Kentucky will be the keynote speaker for the 2009 Law Day celebration Friday, May 1, at the Kentucky Capitol in Frankfort. The annual event will begin at 10 a.m. in the chamber of the House of Representatives. The event is open to the public and media.

Law Day is a nationally designated day for Americans to celebrate the rule of law. The day underscores how law and the legal process have contributed to the freedoms of Americans. President Dwight D. Eisenhower proclaimed the first Law Day 51 years ago on May 1, 1958, to strengthen America’s heritage of liberty, justice and equality under the law. In April 1961, Congress passed a joint resolution designating each May 1 as Law Day, U.S.A.

The national theme for this year’s Law Day is A Legacy of Liberty. The theme recognizes the bicentennial of the birth of President Abraham Lincoln, who was a lawyer.

“We celebrate on Law Day this year our legacy of liberty,” Justice Venters said. “Liberty and the rule of law are deeply rooted in the legal and cultural tradition of America. Part of the mission of the legal profession is to keep that tradition alive.”

The Supreme Court of Kentucky will host the Law Day ceremony, which will begin with Chief Justice John D. Minton Jr. opening a special court session. Following Justice Venter’s speech, Supreme Court Clerk Susan Stokley Clary will swear in 143 new Kentucky attorneys. The event will also include an awards presentation for individuals who have contributed to law-related education programs. Distinguished guests from federal and state government and various law-related entities will attend the celebration.  

TECH TIPS: Just a reminder and thanks to Finis Price and his TechnoEsq.com blog and web site which combines law and technology into a seamless web

Every now and then, I like to remind you of the technical side of life and the law.  Here are some links to one of my favorite blogs and web sites - TechnoEsq.com.  Finis Price is a first rate lawyer, first rate computer professional, and when you combine the two -  a rare find in this world of specialties!  Plus, he's a good person which at my age means a lot!

He recently attended the ABA Legal Tech Show, and I am anxious to read about new and useful developments.

Synchronized Audio and Notes with LiveScribe

By Finis Price on social networking

Electronic Signatures in Legal Documents

By Finis Price on Technology

KBA: If you want the KBA to email your CLE Credits, you need to give them permission!

On the KBA Website - Because Kentucky Supreme Court rules mandate the confidentiality of KBA CLE records, please email a brief note to cle_reg@kybar.org indicating “I grant the KBA permission to email my CLE records to me.”

AOC: Job vacancy for AOC Director application deadline this week!

Judicial Branch accepting applications for AOC director

Interested individuals have until May 8, 2009, to apply for the position of director (151KB-PDF)of the Kentucky Administrative Office of the Courts.