Kentucky Law Review

LOUISVILLE: LBA Conducting 2008 Judicial Candidate Poll

The following announcement addresses the mailing of the 2008 Judicial Candidate Poll by the Louisville Bar Association.

Please note that they failed to include a standard white envelope to deposit the ballot in before depositing the ballot in the envelope.  That's a shame since the confidentiality of the process has been breached.  Unfortunately, I did not know better and mailed mine in 'naked' with my name on the envelope certifying my contact with the candidates.  Ouch.

THEREFORE, use a standard white envelope to place the ballot into before placing into the postage-paid envelope.

I only wish they permitted lawyers to vote based upon the same foundation required for giving opinion testimony in court, eg. familiar with the reputation so that the numbers would be more statistically valid. 

All attorneys practicing in Jefferson Co. have been asked to rate local candidates seeking judicial posts in the upcoming primary elections. The deadline to respond is 5 p.m. on Monday, March 10.

          
You should have received a ballot in the mail with voting instructions. Due to a production oversight, the blank envelope was inadvertently left out of the mailers. We do ask that members use a standard white envelope to place the ballot into before placing into the postage-paid envelope.

As in years past, each response will be handled in a confidential manner. Poll results will be released to the local media on a date to be determined.

In addition, poll results will be published in Bar Briefs as well as posted on the LBA website, www.loubar.org, prior to the elections.

For more information about the poll, please contact the LBA at (502) 583-5314.

Jim Shake For Supreme Court Justice

UPDATED: 

Tonight's fundraiser for Judge Shake at Vincenzo's Restaurant at 5:30 - 7:30 pm is still taking place.  It has not been canceled.

www.Shakein08.com

JUDICIAL ELECTION FILINGS: Here are the filings in Jefferson County races per SOS web site tonight!

Although these are obviously not final, but the web site seem complete since it reflects the last minute withdrawl of Ron Lewis and last minute filings of other candidates for his congressional seat.

Clayton is unchallenged and wins be default.  Six are vying for the circuit court bench, and 17 are in the race for district court.

Court of Appeals

Denise G. Clayton

Jefferson Circuit Court Div. 4

Charlie Cunningham
Louie Guenthner
N. George Shunnarah
Olu A. Stevens
Robert "Bob" Silverthorn
W. Douglas Kemper

Jefferson District Court Div. 16

Aaron J. Silletto
Allyson Cox
Ann Bailey Smith
Anne Dedman Watkins
Benjamin Francis Wyman
David P. Bowles
David Larry Holton II.
Jan Firkins Brightwell
Josephine Layne Buckner
Katie King
Laura Prater Russell
Linda Y. Atkins
Matthew H. Welch
Pat Mulvihill
Sheila Berman
Shelley Santry
Stephanie Pearce Burke

FILING DEADLINE TUESDAY FOR JUDICIAL RACES (1/29/2008)

The last date for filing to be on the May primary ballot is Tuesday, Jan. 29, 2007 at 4:00 p.m.

The list of those who have filed thus far, can be found by clicking here.

Election Calendar for 2008 can be found at the Kentucky Board of Elections web site by clicking here.

However, as of now, the only "uncontested" local race is for the Court of Appeals vacancy. 

I am hopeful this Court of Appeals race will actually end up being a race so that the voters have a choice rather than an election by default.  If we are going to have elections (rather than selections), then the only way to do it is for the voters to have a meaningful choice with the qualifications of each candidate on the table to considered and examined.  The citizens of the Commonwealth deserve nothing less than a meaningful choice in all races for judge or justices.

This contrasts with the district court race with 12 announced candidates (and none of them currently sitting in an appointed seat).  There are two announced candidates for a vacancy on the Jefferson Circuit Court (with no appointment yet announced for that seat either).

However, I can understand the toll taken by those vying for public judicial office as they must evaluate the advantages of an incumbent or appointee and balance those advantages against the hardships of a year-long campaign which stresses family, friends, and finances.

JUDICIAL ELECTIONS: Deadlines, filings, and update

Election Calendar for 2008 can be found at the Kentucky Board of Elections web site by clicking here.

The last date for filing to be on the May primary ballot is Jan. 29, 2007 at 4:00 p.m.

The list of those who have filed thus far, can be found by clicking here.

So far, Lisabeth Abramson and James Shake have filed for the Supreme Court seat; and Denise Clayton for the Court of Appeals seat.

POLITICS: Louisville lawyer Andrew Horne announces his candidacy for United States Senate from Kentucky

Louisville lawyer Andrew Horne announces his candidacy for United States Senate from Kentucky. 

If the Iraq War is a factor to the voters, then the views of these two men are clearly head on, and Horne who is a retired Marine line officer (combat arms) and now lawyer draws the line clearly - "Simply put: Mitch McConnell carries George Bush’s water on Iraq; I carried a rifle in Iraq.”

McConnell's position is as follows (from a statement made by McConnell in Grayson County recently):

"Unfortunately, most of our friends on the other isle [sic] are having a hard time admitting things are getting better; some days I almost think the critics of this war don't want us to win. Nobody is happy about losing lives but remember these are not draftees, these are full-time professional soldiers (emphasis added)."

Click here for the video at YouTube.

Lt. Colonel Andrew Horne (Ret.) launched his campaign today to take back the U. S. Senate seat for the people of Kentucky, now held by Mitch McConnell. Horne, while a Marine and Reservist, served tours of duty Desert Storm and recently in Iraq. Horne outlined his decision to run and what he plans to focus on as Senator in a video released on the internet this morning. You can watch the video at www.AndrewHorne.org. The full text of it available on the site, as well.

LOUISVILLE: Judge James Shake Faced With Tough Decision Over Death Sentence after Evidence has been lost that the defense has requested be produced for DNA testing

Here's another story which may have implications in an upcoming election for the Kentucky Supreme Court. 

Judge James Shake will be faced with a decision to dismiss the sentence or the conviction because evidence has been lost by the prosecution. 

Shake is an announced candidate to run for Kentucky Supreme Court.  The only other announced candidate is Justice Lisabeth Abramson who was appointed to the bench from the Court of Appeals by Gov. Fletcher.

Judge faced with decision over death sentence after evidence lost

A judge is faced with a decision about whether to let a death sentence stand after prosecutors and police said they couldn't find pants and shoes wanted for DNA testing.

Jefferson Circuit Judge James Shake could face the question of what to do about Brian Keith Moore's case as soon as Monday. That's when Moore's attorneys and prosecutors are scheduled to appear before Shake to discuss the case.

Shake could dismiss the sentence or conviction or set a hearing for arguments and testimony.

Moore's attorney, assistant public advocate David Barron, plans to ask Shake on Monday to dismiss the death sentence Moore received for the August 1979 slaying of Virgil Harris of Louisville. Barron said the case has gone on long enough and prosecutors have had a chance to find the evidence.

"I don't want to drag this out," Barron said.

LOUISVILLE: Extending Smoking Ban to Churchill by Judicial Fiat is not being well-received

The unanswered question from the following story is what effect, if any, will Judge Denise Clayton's ruling having on her upcoming campaign to keep her Fletcher-appointed seat on the Court of Appeals. 

Striking down the Louisville Metro exception to the smoking ban and apply it to Churchill Downs obviously has left some voters unhappy, but will they make the connection to the judge who signed the order, and will it influence their votes? 

Judicial politics are tricky. Tune in next year.

Churchill smoking ban spurs complaints COURIER JOURNAL

When the glow from the last cigarette faded and the final stogie was stubbed out last night in the Champions Lounge at Churchill Downs, smokers lost their only indoor refuge at the track -- and some were none too happy to see it go.

Brian Leistner was smoking, even though no tobacco was in hand. He blamed "liberal incrementalism" for the smoking ban that begins today.

   
The lounge was "the only place to go" at the track to smoke away from the elements, Leistner said. "It's a damn shame, really."

   

The decision to make the racetrack smoke-free in all indoor areas came when Jefferson Circuit Judge Denise Clayton ruled early this month that there was no "rational basis" for the track to receive an exemption from an ordinance passed by the Louisville Metro Council that prohibits smoking inside all public buildings. 

   

No butts -- the track had to ban smoking

   

Click on heading for entire story.

Here are links to earlier stories on the Clayton decision, with the second story below linking to "the" order.

• LOUISVILLE: Judge Clayton Orders Churchill Downs to be "smoke free" like the rest of the city
• MORE ON SMOKING BAN: "LOUISVILLE: Judge Clayton Orders Churchill Downs to be "smoke free" like the rest of the city"
• Here is a link to that order

2007 ELECTION: "Hollenbach handily defeats GOP's Wheeler"

Hollenbach handily defeats GOP's Wheeler COURIER JOURNAL

Democrat L.J. "Todd" Hollenbach, a Louisville lawyer, was elected state treasurer yesterday, easily defeating Republican rival Melinda Wheeler.

2007 ELECTION: "Eckerle takes circuit court bench in easy win"

Eckerle takes circuit court bench in easy win COURIER JOURNAL

The race for the Jefferson Circuit Court seat vacated by Steve Mershon has now created another judicial opening as District Judge Audra J. Eckerle last night beat out two attorneys and another judge for the spot.