Kentucky Law Review

JUDGES: Former Judge Douglas C. Combs, Jr. Temporarily Suspended

Herald Leader reports on -

Ex-judge suspended as lawyer

A former Eastern Kentucky circuit judge convicted of mail fraud has been suspended from practicing law by the Kentucky Supreme Court.

The court ruled Thursday that Douglas C. Combs Jr. should be temporarily suspended from practicing law until further notice. Combs was convicted of federal mail fraud in November and sentenced to six months in prison and a $3,000 fine.

Chief Justice Joseph Lambert wrote in the court's opinion that Combs' conduct raised questions about his fitness to practice law.

Combs' plea of guilty to mail fraud in U.S. District Court "put in grave issue whether (he) has the moral fitness to continue to practice law," Lambert wrote.

Combs was a circuit court judge in Perry County. He pleaded guilty in November to mail fraud charges and admitted to hiring temporary employees as substitute court reporters that he instead used to work on his personal business.

OP-ED: "The slow erosion of respect for government"

Last week we provided links to two news stories out of the Herald Leader regarding Kentucky's courthouse construction - AOC: Courthouse construction and court connections raise concerns in Herald Leader stories.

David Hawpe from the Courier Journal has followed up these stories with an op-ed piece.  For his entire piece, click on the heading of the story:

The slow erosion of respect for government

Sigh. Reading about the ownership of land on which a new courthouse is going to be built in Pikeville, I just get weary. Some of it is owned by state Supreme Court Justice Will T. Scott and members of his family.

SKOKY: CJ Editorial - "The Soft Landing"

The Courier Journal's editorial follows on the announced retirement of Chief Justice Lambert - "The Soft Landing".

BLOGs: Pol Watchers' Blog Comments on Lambert's retirement

Pol Watcher's blog story on retirement announcement of Chief Justice Lambert:

Chief Justice Lambert resigning

In a surprise move, Kentucky Supreme Court Chief Justice Joseph Lambert announced Thursday that he will resign on June 27 to join the state's senior judge program.

COURTS: New Judicial Appointee may be the first blind person to serve as judge in Kentucky

From today's Courier Journal is a story on what appears to be the state's first appointment of a blind person to be a judge.  Here is an extract of the story in the Courier Journal by reporter Katya Cengel.

First blind judge in Kentucky to take bench

When David Holton II is sworn in this afternoon as district court judge for the 30th Judicial District, Division 16, he will become the state's first blind judge "as far as we know," said Kentucky Chief Justice Joseph Lambert. * * *

Holton, 46, has worked as a prosecutor with the Jefferson County attorney's office for 19 years, but as a judge, his workload will probably be even heavier, said Karen Wolfe, who directs professional development for the American Foundation for the Blind. The amount of reading and writing alone can be challenging even for a sighted person, she said. Holton will have to depend on an assistant to be "his eyes" in court, reading him information on the computer and in case jackets. At first, secretaries in the building will help, but district court Judge Deborah Deweese said the Administrative Office of the Courts likely would provide funds for a helper. * * *

While the legal profession has been open to the blind, [Karen Wolfe] said, a visually impaired judge is still rare and a "huge deal." Rehearsing this role with Deweese recently, district court secretary Judy Smith said she was surprised by all the other matters with which she will need to help Holton.

"There's just so much that I see that he won't be able to, that I'll have to point out to him," said Smith. "Such as, 'The defendant is at the podium; the police officer is in the witness box now.' "

Figuring it all out will be challenging for everyone, including Holton, said Deweese.

"But he's had so many challenges in his life, and he's done so many things that you just don't tell David he can't do it," she said. "Because to him, if you tell him he can't do it, he'll just go out and do it to prove you wrong." [click on heading for entire story].

IN MEMORIAM: Jefferson Circuit Court Judge Kathleen Voor Montano

A sad day in Jefferson County as we learned that Judge Montano passed away this morning.  Here are extracts from Jason Riley's story at the Courier Journal.  Click on the heading for the entire story. [Update:  Jason's first on-line posting with extractions as follows is now off-line; here is a link to another story - click here.]

Jefferson Circuit Court Judge Kathleen Voor Montano died this morning from complications of pneumonia, according to court officials.

Montano, 46, was married with four children. She had been a circuit judge since 2004.

“We’re in absolute shock,” said Chief Jefferson Circuit Court Judge James Shake. “We’re all sickened at the news and we will miss her.”

Court officials said Montano was sick last week and in the hospital but had appeared to be getting better. Shake said she had been scheduled to preside over a trial today. * * *

Court workers said Montano had only one lung and had asthma problems.

JUDGES: Holton appointed to Jefferson District Court and Cunningham appointed to Circuit Court

Gov. Steve Beshear has filled two vacancies in the Jefferson County court system. 

David L. Holton II was appointed to fill the District Court vacancy created by the move of Judge Audra Jean Eckerle to Jefferson Circuit Court.

Charles L. Cunningham Jr. was appointed to fill the Circuit Court seat vacated by the move of Judge Denise Clayton to the Ct. of Appeals.

Both appointtees will serve until the election this November.

Both are candidates for the election to serve the balance of the term vacated by their predecessors and are in contested primaries.

Justice Takes a Hit as Chief Justice "Spike" Maynard recuses himself in case in West Virginia as life imitates fiction from "The Appeal"

The public's perception of justice took a hit in this story from Nightline regarding the West Virginia Supreme Court and Massey Energy. 

A picture of your Supreme Court Chief have drinks on the Riviera with a good friend and party with a case pending before you is unbelievable.  Not to recuse yourself is even worse. However, this is what happened in West Virginia as Chief Justice Elliott "Spike" Maynard was caught on film having drinks with the CEO of the nation's largest coal company while vacationing with their girlfriends on the French Riviera with cases pending before that same court. Not good.

Nightline did a story on this which had previously made the rounds in national papers (eg., NY Times Article).  Below is a link to a video from WV Public Broadcasting available at You Tube. However, Spike Maynard did not recuse himself the first time.  Not until a motion was filed with the pictures, and after initially refusing to recuse, he did so.  Now, the second appeal went the same way in favor of Massey Coal. 

I apologize for some of the poor formatting, but the content is here.  For a list of links "googled" on this topic, then click HERE.  For a Wikipedia link on Spike Maynard, click here which contains links to some of the pleadings, opinions, motions, etc. 

After the disclosure following the first appeal, Maynard recused himself.  Justice Starcher also recused himself under the circumstances.  However, Justice Brent Benjamin who was one of the remaining justices to hear the case did not recuse himself.  "Shortly after the initial verdict against Massey, Blankenship helped to raise $3.5 million for an advertising campaign that led to the defeat of one of the Supreme Court justices. The winning candidate who benefited from Blankenship's money, Justice Brent Benjamin, has refused to recuse himself from the Massey appeals. Benjamin turned down a request from ABC News to be interviewed. Despite numerous requests for his recusal, Benjamin writes in court documents that there is no evidence to suggest that he cannot be fair and impartial." [for a link to stories on this election, see Justice for sale(American Radio Works)].

John Grisham's novel, "The Appeal", is it life imitating fiction, or the other way around?

Meanwhile, here is the recent Nightline story. 

Another Legal Victory for Tough Coal Boss
Questions Have Emerged About Blankenship's Relationships With State Supreme Court Justices Hearing Multi-Million-Dollar Appeals by His Company
By BRIAN ROSS and MADDY SAUER
April 7, 2008

IN MEMORIAM: Retired U.S. judge J. Wendell Roberts dies

From the Courier Journal. Click on headline for entire story on line.

Retired U.S. judge J. Wendell Roberts dies
J. Wendell Roberts, who served as chief judge of the U.S. Bankruptcy Court for the Western District of Kentucky before he retired, died March 29 at his home in Venice, Fla. He was 64.

Roberts was a 1964 graduate of Eastern Kentucky University and earned his law degree from the University of Kentucky in 1966.

Survivors include his wife, Sherry, a son, Dr. Stephen A. Roberts, a daughter, Shannon Morris, his mother, Dorothy Roberts, and a brother, Ritchie Roberts.

A memorial service will be held at 3 p.m. CDT April 19 at Fohs Hall, 201 N. Walker St. in Marion. Farley Funeral Home in Venice, Fla., is handling arrangements

Memorials may go to Habitat for Humanity.

IN MEMORIAM: Former Fayette County judge Joe Johnson dies at 77

From the Herald Leader,

Former Fayette County judge Joe Johnson dies at 77

Mr. Johnson died Friday in Florida. He was 77.

Joe Johnson was "bigger than life," those who knew him said.

While serving as Fayette County judge in the 1960s, he declared open season on armed robbers, announcing that county police had orders to shoot them. He barred a local newspaper reporter from juvenile court because he didn't like a story she wrote. He cited a lawyer who couldn't recite the Fifth Amendment for contempt. He ordered local country clubs to stop selling liquor on Sundays. And he chased down Lexington financier Garvice Kincaid and ticketed him for speeding.