Kentucky Law Review

Ed Springston asks "Does Judge Charlie Cunningham have ethics problems?"

Ed Springston has written two posts raising ethical issues relating to a sitting judge on the Jefferson Circuit Court - Judge Charlie Cunningham and his rulings and comments from the bench in a partisan challenge to a Kentucky State Senate race.  For your information.

Here are Mr. Springston's posts:

"Does Judge Charlie Cunningham have ethics problems?"

and

"Judge Charlie Cunningham screws up the 37th State Senate District race"

 

 

 

 

KTCR: "Bad Day for Ky Courts"

Posts from Shannon Ragland at Kentucky Trial Court Review on Senior Status Judges Program-

Bad day for Ky Courts. Closed. Senior judge program jeopardized by the Marty "I'll Strangle You" McDonald scandal. In 20 days when Judge Morris leaves the program (as planned), Old Strangler will be the only Sr. Judge on the Jefferson County bench. And what circuit judge would want him hearing their cases? Hate to see a good program (Sr. Judges do good work in the right location, i.e. Potter in Bullitt County a few years back), but this looks very bad. Will anyone at Ky Courts act?

As a public service, we at the Kentucky Law Review wish to provide information to the voters of Jefferson County regarding the upcoming election and judicial races. Here is a link to the Courier-Journal's editorial interview of the three candidates for the Jefferson Circuit Court -

• Judge Angela McCormack Bisig - web site
• Wanda Mitchell Baker - web site
• Eric Ison - web site

   

Courier-Journal: "Judge threatens to 'strangle' attorney in 'ridiculous' case -- Experts question if McDonald improperly prejudged case" Video included.

Senior Status Judge Martin McDonald "with a controversial history threatened . . . to “strangle” a lawyer, then disparaged his case, calling it “ridiculous,” “disgusting” and “a huge waste of time.

 

From Andrew Wolfson's Courier Journal story, dated 10/4/2012.

Judge threatens to 'strangle' attorney in 'ridiculous' case

Martin McDonald, a former Jefferson district and circuit judge, said in an interview later that he was being “facetious” when he threatened Friday to attack assistant public advocate David Barron if he ever called him again on his cellphone without opposing counsel’s participation. But leading national experts on legal ethics said McDonald’s comments about the case, in which Barron is seeking a new trial for death row inmate Roger Dale Epperson, indicate that the judge had improperly prejudged the case. “The judge’s conduct in general is highly injudicious,” said Hofstra University law professor Monroe Freedman. “He should be removed from this case and also from the bench.” McDonald was removed from an unrelated civil case on Sept. 19 by Kentucky Chief Justice John D. Minton after McDonald was accused by the defense of bias and failing to disclose a conflict of interest — that he’d practiced with the plaintiff’s lawyer 20 years earlier.

Courier Journal: David Nicholson, Circuit Court Clerk, chosen to attend institute for county leaders

Courier Journal: 

David Nicholson, Circuit Court Clerk, chosen to attend institute for county leaders

Jefferson County Circuit Court Clerk David Nicholson is one of 25 county government leaders from across the country chosen by the National Association of Counties to attend an annual leadership meeting in Washington, D.C., June 3-7.

COURTS: Temporary Morgan County Office of Circuit Court is Open

FRANKFORT, Ky., March 15, 2012 – The Morgan County Office of Circuit Court Clerk is open for business and began providing full services today in the temporary Morgan County Courthouse at 155 University Drive in West Liberty. The office opened March 14 to provide driver license services only. For information on the schedule of court dockets and hearings, contact the Office of Circuit Court Clerk at 606-743-3763.

Court business has resumed in Morgan County less than two weeks after a tornado destroyed the historic Morgan County Courthouse at 518 Main St. in West Liberty. The new Morgan County Judicial Center, which was under construction and 60 percent complete, was also seriously damaged in the March 2, 2012, storms. The Administrative Office of the Courts enacted its emergency management plan to relocate court services to the facility on University Drive following the disaster.
Court staff were able to secure the majority of court records housed in the Morgan County Office of Circuit Court Clerk within hours after the storm. Other court managers and staff quickly followed to begin assessing damage, salvaging court property and obtaining and outfitting space for a temporary courthouse.

As the administrative and fiscal agent for the state court system, the AOC oversees the construction and maintenance of court facilities statewide. The AOC also supports the activities of nearly 3,300 Kentucky Court of Justice employees and 403 elected justices, judges and circuit court clerks.

Court News: Chief Justice asks for more money for our courts, to include a $63 million computer system

What price justice at a time when we are just coming out of the Great Recession and many, many are unemployed, underemployed, or worse.

Well, the courts need a computer and some more money says Kentucky's Chief Justice Minton.

Here is the Courier-Journal story (my heading, however):

Chief Justice asks for more money for our courts, to include a $63 million computer system

"After several years of budget cuts, Kentucky’s court system is in urgent need of money for upgrades in several areas, including technology, Chief Justice John Minton told a legislative panel Tuesday.

Calling Kentucky’s 25-year-old state court computer system “archaic,” Minton said experts have examined it and deemed it “on life support.”  . . . Minton said the Administrative Office of the Courts proposes replacing the existing system to manage court records with a $63 million system over the next six years. In addition to allowing courts to share records from county to county and better analyze data, the system would permit electronic filing and reduce paperwork and paper costs, he said.

The courts are asking for authorization to issue bonds to finance the project and $2.2 million a year for debt service, Minton said.

Minton said the courts also are seeking about $2.1 million to add 25 pretrial services officers needed to manage cases of offenders to be diverted from the jails or prisons. The number of such offenders is increasing because House Bill 463, passed last year, steers more low-level offenders into treatment and community supervision, he said.

And the courts would like additional funds to raise entry-level salaries for some employees above “the federal poverty level,” Minton said. Some workers, such as secretaries and deputy court clerks, start at $20,000 to $21,000 a year.

“My goal is to pay our work force on a scale that is competitive with the rest of state government,” Minton said.

Several committee members said they support funding for the projects, even as lawmakers deal with another tight budget. Gov. Steve Beshear has proposed cutting most state agencies’ funding by 8.4 percent and the courts’ by 5 percent.

“We don’t have as much money as we did 3½ years ago,” said Jesse Crenshaw, D- Lexington and the panel’s chairman. “We will try to do the best we can.”"

WDRB News: "Louisville woman wanted to, "kill Judge King""

WDRB reports on theats against a district court judge in Louisville:

"LOUISVILLE, Ky. (WDRB) -- A Louisville woman is facing a criminal charge after she allegedly said she wants to kill judge Katie King.

Police say Holly Buckley showed up on the second floor of the Hall of Justice and said she was going to, "kill Judge King."

She allegedly said she was angry because the judge did not allow her to handle her case. Police say she made fists and told an officer she was going to hurt herself.

Buckley was arrested and charged with third degree terroristic threatening, a misdemeanor."

What is disappointing are the comments following this story rehashing old news.  Click here for the online story and video.

Here is another story, totally unrelated to the above, that I thought I would post a link to revealing problems with our justice system:

Surveillance video released in shooting involving constable

The jury system from the eyes, ears, and pen of one juror. This system needs some work.

One juror recently sent me the following commentary on her thoughts of the jury system from the perspective of the juror.  Read, and reach your own conclusions:

I appeared to the courts this morning with not a penny in my pocket. I appeared because your court system summonsed me to be there. In the front of this letter it states "Failure to Appear will result in fines and jail time" That is a pretty serious charge for a single mother that fights to provide for herself and child. I am one of the few that has had NO help. Including help from the judicial system that summoned her to appear.

I was first summoned to be there in August 2011 the week I was graduating, I wrote a letter explaining that the date impeded my graduation party in MI- where I am originally from and the only place I have friends. I ended up being released but not prior to being forced to cancel my graduation party due to the conflict in dates. A party I had worked 10 years for. To date, I have not been allowed to have that celebration for myself. That was the very last weekend I could have the party and not interfere with my sons school and football schedule. It feels like a giant slap in the face.

When I received the second summons, I again needed to write a letter asking to be released from duty. Still a single parent struggling, now however more so then ever due to my son having major surgery. We are uninsured, I am only barely working both because of the surgery and the changes in my degree. I do not yet have established cliental. It takes forever and a day to be approved for payment through insurance for the services that I can provide. I am truly struggling without any support. So I send the letter asking to be released -yet This time I did not get a letter back in the mail as I did prior. I appeared this morning as requested believing that I would serve jail time if i did not appear as your summons states. I honestly did not have two cents on me, my gas tank was less then a quarter tank. Its pouring rain and unsafe to drive in this city. I show up -missing work only to be told that I am released from service. I am treated poorly by your staff. Then try to leave and the AWFUL attendant refuses to let me leave the parking garage that I was told to park in based on your summons because I had not been there 4 hours. I explained that I was summoned to be there I have no money. He screams at me to call someone. I have no one to call for food let alone money for a parking garage after being summoned by the court. This treatment is completely unfair, unjust. I already suffer from PTS from when I was not protected as a child, which continues in my adult years since victims have no rights, from being raped and I do not deserve being yelled at for not having money when I summoned to appear or face jail time by your attendant. Anyone with a letter showing a summons should not be treated in that way. I cried all the way home and still as I type. I have no money, no food in my house, no gas in my car and I have not yet paid rent for December, I have not yet started to pay my student loans- I can not afford them, I also have not been able to pay any of the bills from my sons surgery. To date I have only paid for his meds. I could not afford the $2.00 for parking in a garage in which the court told me to park in. I had no way of knowing I would be released. The gas I wasted could have been used to get to work the rest of the week. I am completely ashamed to be part of this community after being treated the way that I was. The attendant called the police as per my request as I felt trapped and he was screaming at me for $2.00. He then yelled at me that I would get something in the mail. This is HIGHLY unfair. I did what you asked me to do and now I am being punished for it. This should never happen. I expect for you to take care of this issue. First anyone writing a letter to the court system being asked to be released should be sent a letter regardless and second anyone with a summons letter should be allowed to park for free as they have given the court a service just by driving down.

I hope this issue is corrected for me and for any others like me.

Senior Status, Retirement Pensions, and More Money. Are the dots connected? Is there a cause and effect?

Connecting the dots.

Chief Justice Minton's "State of the Judiciary" had two interesting remarks.  Are they connected?  Were we not led to believe that the judicial retirement system was sound?  Is it?  I understand many are able to obtain 100% pensions.  Can anyone confirm this, and what about spousal annuities and medical benefits?

Senior Status Program
As many of you are aware, entrance into the Senior Status Program for Special Judges sunset on January 31, 2009. The program has allowed a cadre of experienced judges to be deployed across the state to serve as backup when sitting judges are absent from the bench and to provide a tool for the Chief Justice to use to address overcrowded dockets.

The program is now winding to a close. Currently, there are 39 judges remaining in the program. Of those, approximately half will complete their service obligation by the end of 2012. It is anticipated that all judges will complete their service obligation by the end of 2014.

While I acknowledge legitimate concerns about the cost of the enhanced benefits to the retirement system, the Senior Status Program has undoubtedly provided a valuable  esource.

We will be returning to a system of using active and retired judges to cover dockets when the regular judge is not available.

* * *

Judicial Form Retirement System
Many of you may not realize that funding for the Judicial Form Retirement System comes from the Judicial Branch budget. Historically, the judicial retirement system has operated with a solid financial record. However, the budget passed in the 2010 session was the first time the Judicial Form Retirement System was not fully funded.

I realize that all state pension systems are dealing with the ramifications of  nderfunding.
However, I believe it is my obligation to keep the judicial retirement program solvent. For that reason we are requesting $10.8 million in each year of this budget to fully fund the retirement system for judges.

Hmmmm.