Kentucky Law Review

JUDGES: Financial reports show that Katie King raised $296,550 in her recent election with $194,000 of her own money

Andrew Wolfson has a post-election story on the election finances and concerns over the sources of funds for Judge Katie King's recent election which unseated Judge David Holton who had been appointed by Gov. Beshear.   Click on heading for his entire story.  Several readers have made some serious comments (and some a little biting) but nonetheless raise concerns about the financial reporting laws in Kentucky and enforcement.

Note that the personal loans from Katie King total an amount of her"own money" was comparable to the total amount spent by each of the individual candidates for the Kentucky Supreme Court race.

King lent $194,000 to her campaign for judge
She says source was 'personal accounts'

By Andrew Wolfson • awolfson@courier-journal.com • December 12, 2008


Katie King, who earned $41,465 a year as an assistant county attorney, lent $194,000 to her successful campaign for Jefferson District Court judge, campaign finance records show.
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King, who was sworn in and began serving Nov. 26, replied by e-mail to a reporter's query about the money this week by saying it came from her "personal accounts." But she declined to answer questions about how she accumulated the money, whether it came from relatives, or when she acquired it.

King's father, Jim King, the owner of King Southern Bank, president of the Louisville Metro Council and an active participant in his daughter's campaign, referred questions to his lawyer, Sheryl Snyder, who relayed them to Katie King.

* * *

Records filed last week show that Katie King raised $296,550 for the general election, including seven loans she made to her campaign totaling $194,000. She spent $250,966 on the campaign. Holton raised $44,310 and spent all but about $800 of it.

One of the comments to the Courier Story:  Professor72 wrote -

Judge King, your honor, you can stop all the speculation immediately. Reveal the campaign bank account deposit records to prove you loaned the money from existing funds in your own bank account before you filed for the office, because that is legal. Referring these simple questions to a lawyer to answer for you seems to indicate you need someone to speak for you so we citizens don't hear the answers from you directly. You are recieving the benefit of the doubt, but why allow any doubt at all?

Jefferson County Judicial Filings "Watch" - Aug. 12 4:00 pm Filing Deadline for Nov. Ballot

Updated: 8/13/2008 @ 10:32 pm.

The filing deadline has come and gone.  Here are some of the comments on the filings with an emphasis on my base of operations (Jefferson County) plus a look at the SCOKY race for Chief Justice Lambert's old seat in the southern rim of the state.

First, no changes with Judge David Holton and Katie King facing off in the Jefferson District Court race and Judge Cunningham and former Judge Kemper facing off in the Jefferson Circuit Court race; both are from the May primary going into the general election in November.  Judges Holton and Cunningham are seeking to retain their bench seats following appointment by Governor Beshear.

Second, Justice Lisa Abramson and Chief Judge Jim Shake are squaring off in the general election for the Supreme Court seat out of Jefferson County created by the vacancy following Justice McAnulty's death.  Justice Abramson is seeking to retain that seat following her appointment by Gov. Beshear.

Third, Justice Daniel Venters from Somerset is facing Leonard Brashear for the Chief Justice Lambert's old seat following his retirement.  Justice Venters was recently appointed by Gov. Beshear.

Fourth,  Jefferson County attorney Irv Maze was the only candidate filing for the Jefferson Circuit Court Judgeship following Judge Montano's death.  Although three names are sitting on Gov. Beshear's desk (Margaret Keane and Theodore Shouse and Irv Maze), neither Keane nor Shouse filed for the circuit court seat.  Shouse is a candidate, however, for a Jefferson District Court vacancy.

Fifth, the two unexpired terms in Jefferson District Court created by two early retirements by judges moving to senior status position were not posted for appointment and two candidates filed for one and four for the other.  Each race will be a "plurality" election with the most votes winning, even without a majority, which makes no difference in division 2 with only two in the race.

• In Division 2, Anne Bailey Smith who filed early was challenged on the last day of filing by John Vandertoll who withdrew from the Div. 8 race and refiled for this division.
• In the Division 8 race, there are four candidates: David P. Bowles, D. Steven Parks, Theodore S. "Ted" Shouse, and Anne Dedman Watkins.

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There are three judicial vacancies in Jefferson County which will be on the ballot for the November election to complete the unexpired terms.

Filing deadline is Aug. 12, 2008 at 4:00 pm.

Click HERE for the page to check out filings in all races statewide.

In the following three Jefferson County races, the candidate with the most votes wins; even without a majority.

Interestingly enough, there are two career politicians (that I know of so far) who are leaving the political arena and seeking to serve the public in the judicial arena - Irv Maze of Jefferson County currently Jefferson County attorney and Ernesto Scorsone, a state legislator who is leaving office but seeking the circuit bench in Fayette County.  Neither has been challenged, yet.

The Jefferson County races with filing periods still open are:

Circuit Court Div. 10

Although the governor has yet to make the appointment for this circuit court vacancy in Div. 10, only one person has filed - Irv Maze.

District Court - two races.

• Div. 2
  Only one candidate has filed and remains unopposed at this point - Ann Bailey Smith.
• Div. 8 - three filings.
  • David P. Bowles
  • Theodore S. "Ted" Shouse
  • John J. Vandertoll
  • Anne Dedman Watkins

SCOKY: Robert W. Dyche III of London, Eddie C. Lovelace of Albany and Daniel J. Venters of Somerset are the three nominees for Chief Justice Lambert's seat on the bench

Judicial Nominating Commission announces names of nominees for Supreme Court vacancy in 3rd District

Please note that the justice appointed by Gov. Beshear will serve until after a justice is elected to the 3rd Supreme Court District seat in November. The seat will be on the ballot for the November 2008 general election. Once the State Board of Elections certifies the election results, the elected justice will immediately be sworn into office. This justice will serve for the remainder of the term for the 3rd District seat, which ends in 2010. The seat will be on the ballot again in 2010.

The filing deadline for the November general election is Aug. 12.

FRANKFORT, Ky., Aug. 5, 2008. The Judicial Nominating Commission, led by Chief Justice John D. Minton Jr., today announced the three nominees to fill the vacant Supreme Court seat for the 3rd District, which is comprised of 27 counties in southcentral Kentucky. The Supreme Court seat was left vacant by former Chief Justice Joseph E. Lambert, who retired June 27.

The three attorneys named as nominees to fill this vacancy are Robert W. Dyche III of London, Eddie C. Lovelace of Albany and Daniel J. Venters of Somerset.

The 3rd Supreme Court District is comprised of Adair, Bell, Casey, Clay, Clinton, Cumberland, Estill, Garrard, Green, Jackson, Knox, Laurel, Lee, Leslie, Lincoln, Marion, McCreary, Metcalfe, Monroe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne and Whitley counties.

Nominees

Robert W. Dyche III is a former Kentucky Court of Appeals judge who practices law in London. He was a Court of Appeals judge from 1986 to 2006 and a District Court judge for the 27th Judicial District, which consists of Laurel and Knox counties, from 1978 to 1986. As an attorney, his areas of practice include insurance defense, personal injury, Social Security for plaintiffs, real estate and criminal defense. He is a frequent speaker at continuing education seminars for judges and attorneys and is a former member of the Judicial Conduct Commission (2002-2006), the Kentucky Continuing Judicial Education Commission (1992-2006) and the Ethics Committee of the Kentucky Judiciary (1997-2002). He was admitted to practice law by the Kentucky Bar and the U.S. District Court, Eastern District, in 1975. He earned his juris doctor at the University of Kentucky College of Law, graduating in 1975. He has a bachelor's degree from Centre College in Danville.

Eddie C. Lovelace has been a Circuit Court judge for the 40th Judicial Circuit since 1992. He was previously the commonwealth's attorney for Clinton, Russell and Wayne counties from 1969 to 1992, county attorney for Clinton County from 1965 to 1969 and attorney for the city of Albany from 1961 to 1965. He was admitted to the Kentucky Bar in 1961 after graduating from the University of Louisville Brandeis School of Law with his juris doctor in 1959. He has a bachelor's degree from the University of Kentucky.

Daniel J. Venters is a former Circuit Court and District Court judge who practices law as an attorney in Somerset, focusing on civil litigation. His areas of practice include real estate, contracts, insurance and probate. He has also represented clients in criminal and family law cases. He was a judge for the 28th Judicial Circuit, which consists of Lincoln, Pulaski and Rockcastle counties, from 1984 to 2003. From 1979 to 1984, he served as a judge for the 28th Judicial District, which consists of Pulaski and Rockcastle counties. He served as assistant commonwealth's attorney for Lincoln, Pulaski and Rockcastle counties from 1975 to 1979. He was admitted to practice by the Kentucky Bar in 1975, the U.S. District Court - Eastern District - in 1977, the U.S. Supreme Court in 2001 and the U.S. District Court - Western District - in 2004. He earned his juris doctor from the University of Kentucky College of Law, graduating in 1975. He has a bachelor's degree from The Ohio State University.

COURTS: Corbin's Times Tribune Story Raises Concerns Over Appointments to Judicial Nominating Commission

The following story written by Managing Editor Samantha Swindler from The Times Tribune out of Corbin, Kentucky takes a close look at the procedures for selecting the members to fill one of our state's district judicial nominating commissions. 

Although, the judicial nominating commission is limited to nominating three lawyers to fill a judicial vacancy, their role is a critical element to the process that begins with the vacancy, an announcement of that vacancy, applicants for nominees to fill that vacancy, consideration of the nominees with three names going to the governor, and then the governor appointing one of the three to fill the vacancy until the next election. 

Now, I have learned the process of even selecting members for the commission is an area of importance, as well.

I would like to add that this story is an excellent example of the value and quality of local investigatory journalism --- an issue was identified, the facts accumulated, and the point to be made clearly expressed following those facts.  Impressive.  Never underestimate the importance of the local journalist and newspaper.  It is easy for "bloggers" to take the "real" journalist's "blood, sweat, and tears" in the form of their shoe-leather investigatory work and then casually offer an opinion, but it is always the facts that are critical to our understanding of the world we live in.

Unlike the pundits on television where "news" and "commentary" are almost always blurred and indistinguishable, the newspaper usually does a better job of keeping the two distinct so that opinions do not become fact by repetition and the passage of time. 

I have not included the entire  story; just the opening paragraphs.  Please click on the heading for the remainder of Ms. Swindler's story on line at the Times Tribune.

Finally, thanks to a local reader for bringing this to my attention for posting.  THANK YOU VERY MUCH.

Last-minute Republicans make judicial nominating commission

By Samantha Swindler / Managing Editor

Two Republicans assigned to the 27th Judicial District Nominating Commission (serving Laurel and Knox counties) were both — until two weeks before their appointments — former Democrats, one of whom donated to Gov. Steve Beshear’s primary campaign.

Judicial nominating commissions are chaired by the Chief Justice of the Supreme Court and consist of two representatives of the Kentucky Bar Association and four lay members of the local counties represented — two from each major political party. When a judicial vacancy occurs, the local nominating commission chooses three nominees to submit to the governor, who has 60 days to appoint a replacement.

Ruthie Hoskins and Everett Morgan were both appointed by Gov. Steve Beshear on Jan. 4 to serve on the 27th Judicial Nominating Commission as lay members representing the Republican party.

Both will serve for terms expiring Jan. 1, 2012.

Click on heading for remainder of editorial.

ILB: "Judging the Judges" Editorial in Indiana addresses judicial behavior on and off the bench

Judging judges comes in several forms from the ballot box, to ethics complaints, to criminal prosecutions for their own conduct.

The following Indiana story highlights the problem of judging the judges for conduct on and off the bench and thus raises the question of where to draw the line on the type of behavior and the time of the behavior (before of after ascendancy to the bench).

With another judicial election in the mix for November with at least four seats on the ballot,  those of us who contemplate the course of our judicial future ponder the nature of politics, independence, selection and election of our judiciary.

Here's the link to Marcia Oddi's post at the Indiana Law Blog.  As always her selections are thought-provoking and appropriately presented journalism.  One judge entered another judge's courtroom and the another arrested for DUI.

Ind. Courts - Fort Wayne paper editorial on "Judging the Judges"

By Marcia Oddi on Indiana Courts

With two of its county judges facing unrelated charges, the Fort Wayne Journal Gazette has a long and thoughtful editorial today that should be read in full:Two Allen County judges familiar with passing judgment on people who have committed wrongdoings . . . . [click on heading for remainder of her post].

Here are some follow-ups and links to other related stories:

• Ind. Courts - More on "Judge Felts pleads not guilty"

• Ind. Courts - "Judge Felts pleads not guilty"

HL: 'Scorsone will run for circuit judgeship'

Scorsone will run for circuit judgeship HERALD LEADER
FRANKFORT . Longtime state Sen. Ernesto Scorsone, a Lexington Democrat, has decided not to seek re-election and will file Tuesday to run for a Fayette circuit judgeship in November.

JUDGES: Maze, Shouse & Keane are nominees for judicial appointment

A Judicial Nominating Commission committee today recommended three attorneys to fill the Jefferson Circuit Court vacancy created by the death of Judge Kathleen Voor Montano.

The commission nominated Irv Maze, who has served about 10 years as Jefferson County attorney; Ted Shouse, an assistant with the Kentucky Department of Advocacy; and Margaret Keane.

Gov. Steve Beshear, has 60 days to choose one of the three. The Circuit Court appointment will last until the November elections.

If Maze is chosen, Metro Mayor Jerry Abramson would name an interim county attorney.

Montano died in April of complications of pneumonia.

JUDICIAL ELECTIONS: Maze and Silverthorn Seeking Circuit Court Nomination

The Courier Journal reports that Jefferson County Attorney Irv Maze and attorney Robert Silverthorn are seeking the nomination for the unexpired term created by the death of Judge Montano.

Maze wants circuit judge post

Democrat Irv Maze, who has served nearly 10 years as Jefferson County attorney, has applied for the Jefferson Circuit Court vacancy created by the death of Judge Kathleen Voor Montano. * * *

Attorney Bob Silverthorn, who withdrew his candidacy for circuit court judge right before the primary election last month, confirmed yesterday that he also will seek to fill the vacancy.

The circuit court appointee would have to stand for election in November to fill the rest of the unexpired term.

If there is a vacancy for county attorney, Metro Mayor Jerry Abramson would name an interim county attorney.

JUDICIAL ELECTIONS: More on the Jefferson District Court election

The controversy continues.  Almost to the point that the incumbent Judge David Holton is being ignored as stories ensue on Ms. King.

Here's another post from the Courier Journal.  However, in reading these stories, I would suggest distinguishing between experience vs. legal experience;  eligibility to file (2 years as attorney) vs. qualifications to serve as judge;  and campaign speech for a judicial candidate vs. campaign speech of a partisan prosecutor.  The lines on these issues seem to be getting blurred.

Here's the most recent post: Katie King's qualifications for judge debated.

And for those who might want to know something about Judge David Holton, II, who is also in the November race, here are a few links with information about him and his qualifications to serve as a judge:

• Vote Judge David Holton - AOL Video
• Vote Judge David Holton - AOL Video
• First blind judge in Kentucky to take bench | courier-journal ...

• Vote Judge David Holton

  Vote Judge David Holton

JUDICIAL ELECTIONS: Candidate Katie King's qualifications and campaign statements questioned in Courier Journal story

Here are some stories, letters to the editor, and op-ed pieces raising questions on the qualifications and competence of local Louisville prosecutor's run for judicial office with only 2 years experience after law school.

• King's judicial fitness questioned

  She's practiced law just seven months longer than the minimum two years required for the job, and has never tried a jury case by herself. But Katie King, an assistant county attorney who turned 29 on May 22, won more votes than nine more experienced candidates.
• Google Search results on "Katie King" at the Kourier Journal.