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Judiciary and Judges

Sunday, December 21, 2008

JUDGES: "Jefferson County will soon lack any black judges - Activists push for new appointments"

This story in the Courier Journal regarding 7 upcoming judicial vacancies in Jefferson County with 2 in circuit court and 5 in district court (just after an election to replace 2 district court judges and 2 circuit court judge vacancies).

In just 12 hours, this story by Jason Riley has garnered 37 comments at the web site addressing a multitude of issues.  Click here for the comments.

However, the story is a little misleading to the extent that it overlooks Judge Denise Clayton sitting on the Court of Appeals from Jefferson County.

Jefferson County will soon lack any black judges
Activists push for new appointments

By Jason Riley • jriley@courier-journal.com • December 21, 2008

In early 1992, Janice Martin became the first black female judge in Kentucky and, at the time, the only African American on the bench in Jefferson County.

As she retires in January, along with Toni Stringer, another African-American district judge, Jefferson County will take a step back in time, Martin said.

At least for a little while, the county -- with a black population of 19 percent -- will have no African Americans among its 40 judges in circuit, district or family court.

"It is very disturbing and disheartening," Martin said. "Seventeen years later we're back at square zero."

But as many as seven seats are opening up in Jefferson district and circuit courts by the end of January with judges, including Martin and Stringer, retiring into Kentucky's senior status judge program, which provides sweetened retirement benefits if they agree to work part time for five years.

Saturday, December 13, 2008

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?

Monday, December 08, 2008

JUDGES: "Judge C.A. Woodall attends 2008 Circuit Judges College"

From the Cadiz Record:

Judge C.A. Woodall attends 2008 Circuit Judges College

Special to TCR

Tuesday, December 02, 2008

Circuit Judge C.A. Woodall, who serves Caldwell, Livingston, Lyon and Trigg counties, participated in the 2008 Circuit Judges College held Oct. 26-30 in Covington. The Administrative Office of the Courts offered the college for Circuit Court judges and Family Court judges throughout the state.

“As judges in Circuit Court, we preside over an array of cases,” said Chief Regional Circuit Judge Thomas L. Clark, who serves Fayette County and is president of the Kentucky Circuit Judges Association. “The sessions provided us with useful and timely information on judicial processes and critical topics like domestic violence and jail overcrowding.”

Professor Barbara E. Bergman of the University of New Mexico School of Law, an expert on evidence and criminal procedure, taught an in-depth session on the rules of evidence for criminal cases. James Clark, associate dean of the University of Kentucky College of Social Work; Otto Kaak, a UK psychiatry professor; and Jefferson County Family Court Judge Jerry J. Bowles led a session on domestic violence.

Other courses covered division of property and retirement accounts with regard to marital property, jail overcrowding, court decorum, ethics, new legislation and judicial recusals. Kentucky Supreme Court Justice Lisabeth Hughes Abramson provided the judges with a case law update.

Chief Justice of Kentucky John D. Minton Jr. also addressed the judges during the college. This was the first Circuit Judges College since Chief Justice Minton took office in June.

Tuesday, November 25, 2008

Judicial budget shortfall or "buddy, can you spare a dime.... or $37.8 million worth of dimes?

Picture1 Senator Everett McKinley Dirksen has been inaccurately credited with the saying "A billion here, a billion there, and pretty soon you're talking real money"?

However, it is nonetheless a truism, just as it is easier to save a penny than earn a penny.

With that lead-in, I move to stories regarding the budget crunches and shortfalls.  Too many agencies, too little money, and too many sacred cows.

With that you got to have some empathy for Chief Justice Minton who must either get more money for the AOC or tighten the belt.  In any event, the task that has befallen him is a daunting one, with recent news stories attacking the courthouse spending boom, putative irregularities in the courthouse construction contracting, judicial hires at the AOC with felony arrests in their record, and the senior status judges program increasing daily as it approaches its sunset date.

Well, my hat goes off to Chief Justice Minton and his six supporting but silent justices meeting with Interim Joint Judiciary Committee and predicting dire consequences if the $37.8 million budget shortfall for the courts is not eliminated. If $15 million is for opening new judicial centers and apparently 88 per cent of the operating budget is tied to personnel in the courts, then what is a judicial body to do?  And since that story aired, the governor has reported a possible doubling of the shortfall! So as the Chief was seeking more money, the situation was going from bad to worse as 2010 approaches with no extra money in sight. See, eg.,Gov. reveals 50% increase in budget deficit - Plans special session

Our courts are crowded, new courts are opening up, and costs are rising in the midst of a structurally unsound budget.  However, is the AOC's house in order as it goes to the lawmaker's house asking for a handout?  And don't forget the AOC is not subject to the open records statute for citizens obtaining information on the administrative side of the court room.

In today's recession and the ever-shrinking tax dollars, wasteful and unnecessary programs are a pubic disservice.  The Chief Justice may have to take a close look at the senior status judge's program and whether or not it is an actual financial drain on the budget or a drain on the public's perception of our judicial operations; and whether the program is a negative to hang onto while asking money for essential programs at the AOC.  Delaying judicial appointments to save a few dollars by not filling constitutionally created offices and filling those offices with senior status judges via a legislatively-created and poorly conceived and marginally regulated senior status judges program is not a good solution.   Hiring freezes and letting non-essential personnel go are the usual plans for living within ones means, in business and in government. 

I can't read the tea leaves, but I suspect more and more government agencies are going to be complaining of loss of services to be necessitated by loss of budget dollars.  And the lament of the publics need for the services will be a tired refrain to those out of work. Those agencies who have looked long and hard and taken the hard steps to save money and provide service will probably deserve serious consideration when the time comes to balance the budget.

Stan Billingsley at Lawreader had probably the best reporting on the exchange at the meeting over the AOC shortfall at Chief Justice addresses Legislative Committee re: problems facing the Judiciary

Again, Buddy can you spare a dime?  However, doesn't anyone realize that asking for a dime from the legislature entails them raising a dime from an already financially strapped citizenry? 

Chief Justice Says Courts Face Deficit from WTVQ.com
Tuesday, 18 November 2008 18:10

Crowded court dockets and rising costs are putting Kentucky's court system in a financial pinch.

Kentucky Supreme Court Chief Justice John Minton warned lawmakers Tuesday that with current "continuation funding" the court system will face a $37.8 million deficit by July 2011, the start of the state's new budget cycle. "A budget that is structurally unsound," Minton told members of the Interim Joint Judiciary Committee.

In a very rare move, designed to show a willingness to cooperate with the legislative branch, Minton and the other six justices of the state's highest court appeared at the meeting. Only Minton testified.

"With 88 percent of the operating budget tied up in personnel it doesn't take long for those cuts to reach people," the Chief Justice told WTVQ 36 News after the meeting. Minton says without more money the court system would have to "greatly reduce expenditures" which could lead to cuts in staff and services.

Around 3,700 people work in the state's judicial system, including nearly 400 judges. The current two year budget is approximately $293 million. Senator Robert Stivers, (R) Manchester, co-chairman of the judiciary panel, suggested that balancing workloads could help save money. "I think some are under and some are over utilized," said Stivers.

The Chief Justice says changing Kentucky's judicial boundaries would be very difficult. "If there ever is, Senator, a sacred cow in the system, that would be it," said Minton.

Minton says there are no plans to slow projects to open new judicial centers, but that may happen if revenue cuts occur. Approximately $15 million of the projected $37.8 million shortfall is the result of the completion and occupancy of the new judicial centers which are scheduled to come on line according to Minton.

[updated 3:29 pm]

Friday, November 21, 2008

JUDGES: Judge Judith Bartholomew receives annual Sunrise Award for her help in creating a special "mental health" court

Judge Judith Bartholomew receives mental health agency's award for her "mental health" court.  Kudos for Judge Bartholomew for a. receiving the award; and b. taking the time and effort to think outside the box and provide the public a needed service while in the public service.

Jefferson judge gets mental-health award

Jefferson District Judge Judith Bartholomew has won the annual Sunrise Award from Seven Counties Services, a community mental-health agency that serves the Louisville area, for her work in helping create a special "mental health" court.

Known as the "enhanced supervision docket," the program diverts some people with severe mental-health problems into treatment and supervision. It has been operating since 2003.

Bartholomew will receive the award at 2 p.m. Thursday at the Criminal Justice Commission meeting at the Judicial Center.

Wednesday, November 19, 2008

JUDGES: Judge Chris Olds Investitute on Nov. 24, 2008 at Franklin County District Court - Public invited (lawyers too!)

Picture_20 The public is invited to attend the formal investiture of Chris Olds, who was elected November 4th, 2008 to the Franklin County District Court.

Judge Chris Olds represents Franklin County

Chief Franklin County Circuit Court Judge Reed Rhorer will preside over the investiture ceremony. Judge Thomas Wingate will perform the swearing in oath,  Monday, November 24th, at 9:30 a.m. EST in the Chambers of the Franklin County Courthouse (second floor) 218 St. Clair St., FrankfortFranklin County’s distinguished Jurist will be seated for the ceremony.

Robert V. Bullock- Attorney at Law, former Assistant Kentucky Attorney General, will provide opening remarks.  Judge Olds will be robed by his father Paul Olds.

Judge Olds has practiced law in Kentucky's courtrooms for 10 years. He is a  life long resident of Franklin County and a graduate of Georgetown University.

He is a partner in the law firm of Bullock & Coffman, LLP.   Upon graduating from the University of Kentucky College of Law (1997) in the top 10 percent of his class, Judge Olds practiced in state and federal courts throughout Kentucky.  Beginning as a prosecutor for one year he then entered into private practice. Judge Olds has argued before the United States Court of Appeals for the Sixth Circuit, the second highest court in the United States.

Judge Olds boasts 10 years of District Court experience.  Judge Olds extensive jury trial experience during this time is one of the qualities that make him a highly qualified District Judge.

In addition to his success as a  trial lawyer prior to his election to the bench, Judge Olds regularly provided free legal services to people in need.  Judge Olds was voted “Best Attorney” in 2003 by the Best of Frankfort Awards and served as President of the Franklin County Bar Association, Special Master Commissioner of Franklin Circuit Court and a Teen Court Volunteer since 1998.

Judge Olds is married to Sarah Olds and is the proud father of two children.  His son, Ethan age 4 and his daughter Kayden 18 months. He is the son of Paul and Judy Olds of Franklin County.  Judge Olds is a member of the Evergreen Baptist Church and the Franklin County Rotary.  He enjoys quality time with his family.

District Court

The District Court has limited jurisdiction, which means it hears only certain types of cases. Ninety percent of all Kentuckians involved in court proceedings appear before District Court. Juvenile matters, city and county ordinances, misdemeanors, traffic offenses, probate of wills, felony preliminary hearings, small claims, and civil cases involving $4,000 or less are all District Court matters, as well as voluntary and involuntary mental commitments and cases relating to domestic violence and abuse. There are 116 district judges in sixty judicial districts in Kentucky. If a district has a high population and a heavy caseload, it may consist of only one county but have several judges. In less populated areas, a district may encompass more than one county, but have only one judge who travels among the district's counties to hear cases. In fiscal year 2004, the District Court recorded 829,957 cases filed and 818,827 cases disposed.


Friday, November 14, 2008

ELSEWHERE: Indiana Judge Throws Lawyer and Client Over "salacious and defamatory" affidavit supporting recusal

Interesting issue raised in Indiana court proceeding where counsel files an affidavit with reasons why the judge should be recused in a criminal matter.  Per the Indiana Law Blog posts -

  • The attorney held in contempt had "filed an affidavit alleging criminal misconduct by the judge, including patronizing a prostitute and possession of marijuana. That affidavit accompanied a motion to get a change of judge. . . . "
  • The judge who was subject to the recusal motion "sealed that affidavit, saying it contained salacious and defamatory statements not related to reasons to change judges. "

I leave it to the readers to supply me with comments and information on contempt procedures in Kentucky and how that motion would fly regarding both recusal and contempt!

Sometimes YOU have to contribute a little bit.

Here are Marcia Oddi's posts on this subject:

Thursday, November 13, 2008

OFF TOPIC: Roots are roots, and robes are robes, and no matter where you go there you are. But you only have one home town.

With a name like Abramson, some Louisvillians might forget that recently elected Justice Lisa Hughes Abramsom hailed from Princeton, Kentucky with friends, family, and fans supporting her from afar.

And it's nice to know that an election which directly impacted Jefferson County and the entire Commonwealth's judicial landscape had a small but noticeable impact back home.  I happened to come upon this story from Justice Abramson's hometown paper to give you some insight that there is more to the judicial robes and the opinions. 

There is nothing new in the article's content, but what is striking is that it reminded me that each judge and justice is multi-dimensional with lives beyond and before service on the bench.  There are families, friends from here and from home,  for each of us. Or to put it another way; public servants are people too.

When I was in the military serving overseas, I always enjoyed my hometown paper, the Point Pleasant Register, to read about those hometown connections, and I was pleasantly surprised to learn upon my return that many with whom I grew up knew about my whereabouts and goings on through the paper and talking to my mom and dad.  I may have been a Regular Army Major on the job and in service to my county, but no matter how old I got, I was still Ted and Rose Mary's little boy.

Lisabeth Hughes Abramson wins seat on Kentucky Supreme Court

Times Leader Staff Report staff@timesleader.net
Monday, November 10, 2008

A Caldwell County native saw her state judicial appointment confirmed in the ballot box when the results were in for Tuesday’s Nov. 4 General Election. Supreme Court Jus­tice Lisabeth Hughes Ab­­ram­­son won the right to finish out the remaining six years of her predecessor’s term on the state’s high court.

Abramson has already been serving on the court following the resignation of Kentucky’s first black Supreme Court justice, William McAnulty Jr. Abramson was appointed to the seat and was being challenged by Jefferson County Circuit Court Judge James “Jim” Shake.

McAnulty had won an eight-year term on the bench, but resigned shortly before his death in August 2007.

The Abramson-Shake match­up in Kentucky’s 4th District marked this year’s only Supreme Court race with two candidates. Justice Daniel Venters, in the 3rd District, and Justice Mary Noble, in the 5th District, ran unopposed.

The vote in the 515 precincts of the 4th District was Lisabeth Abramson, 159,297, 55 percent; James Shake, 129,119, 45 percent

Abramson says she’s greatly honored by the vote. Her term runs through 2014.

Abramson is the daughter of Ada Lou Hughes of Princeton and the late Trice Hughes.

Tuesday, October 21, 2008

SCOKY: Justice McAnulty's Portrait dedicated

McAnulty portrait dedicated at Supreme Court:

McAnulty portrait dedicated - First black justice honored

By Stephenie Steitzer  October 16, 2008

Picture_6 FRANKFORT, Ky. -- The Kentucky Supreme Court yesterday dedicated a portrait of Justice William McAnulty Jr., who died in August 2007 of brain cancer.
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The portrait of the state's first black justice will hang in a hallway near the Supreme Court chambers in the Capitol.

"With this portrait hanging in the hallway, I will walk by it and think, 'It's good to see you, Mac,' " Justice Mary Noble said.

McAnulty, 59, of Louisville, died just two weeks after he was forced to resign from the bench because of lung cancer that had spread to his brain.

He had served at every level of the state court system and was the first African American to sit on the Court of Appeals and Supreme Court.

All seven justices shared their memories of McAnulty after two of his children, Kate and Will, unveiled the portrait.

Click on heading for entire post.

Sunday, September 14, 2008

COA Judge Clayton to speak on "Racial Fairness Commission" on 9/17/2008 at UK College of Law

ClaytonnoiCourt of Appeals Judge Denise G. Clayton will present a talk titled “Racial Fairness Commission – What is Fair, What is Just?” at noon Wednesday, Sept. 17, in the University of Kentucky College of Law Courtroom. The event is free and open to the public. Judge Clayton is the chairwoman for the Jefferson County Commission on Racial Fairness. In October 2007, she became the first black woman appointed to the Court of Appeals.