Kentucky Law Review

FAMILY LAW: Two posts from the Divorce Law Journal addressing COA Decisions from 9/12/2008

I cannot emphasize enough that if you practice family law, then the Divorce Law Journal should be in your "favorites", "bookmarks", or "RSS feeds".

Every legal periodical (or blogger) has their "strong suit" or focus.  Mine is trial, insurance, torts, and civil procedure.  Diana Skaggs' blog the "Divorce Law Journal" is family law,  and she provides timely (same week!) updates on Kentucky appellate decisions.  Plus, posts of note and commentary from Kentucky and elsewhere that impact your practice.

Yes, I know Diana Skaggs does not have the only family law related on-line journal, but she was the first to go on-line, and she is the only one to systematically address Kentucky appellate cases on that topic with links to the full text of the actual decisions.

With that said, here are two recent links.  Rather than steal her thunder, you are just going to have to click on the links and find out for yourself!

• The Family Law Lull Ends
• Pick Your Headline: "Same-Sex Adoption Case Affirmed In Ky" or "Lawyers And Family Courts In Ky Better Not Ever Again Attempt Second Parent Adoption Without Legislative Change" (UPDATED)

LAWREADER: "Senator David Williams Calls for Inquiry over District Judge Popovichs release of two accused felons when Dept. of Public Advocacy won’t represent them. DPA funding issue heats up"

Steve Horner posts the following piece at Lawreader entitled - Senator David Williams Calls for Inquiry over District Judge Popovichs release of two accused felons when Dept. of Public Advocacy won’t represent them. DPA funding issue heats up.

LAWREADER: "There is a new sheriff in town. Our new Kentucky Supreme Court shows that they believe justice should trump procedure."

From Lawreader: There is a new sheriff in town. Our new Kentucky Supreme Court shows that they believe justice should trump procedure.

BLOGS: "Courts - "A Primer on What Lawyers Can Say About Judges""

Admittedly, not every thought needs expression, nor every opinion voiced.  However, it is always a concern of mine while writing on this blog and in briefs as to the parameters of holding judges and justices accountable for what they say and do and whether that robe is made of teflon or tofu.

The following post and link from Marcia Oddi at the Indiana Law Blog references another site but gives you some insight on what to say and what not to say to judges.

Courts - "A Primer on What Lawyers Can Say About Judges"

By Marcia Oddi on Courts in general

Bruce A. Campbell of the Texas Lawyer has this article. A quote: What happens when an attorney makes a false statement about a member of the judiciary? Will the offending attorney be disciplined? Perhaps, but not necessarily.

LAWREADER BLOG: "Judge Joseph Bamberger has been criticized for approving a 49% fee for Fen Phen attorneys. But this is a smaller fee Kentucky’s highest court allowed in 1969 class action case."

Op Ed piece from Stan Billingsley styled "Judge Joseph Bamberger has been criticized for approving a 49% fee for Fen Phen attorneys. But this is a smaller fee Kentucky’s highest court allowed in 1969 class action case."

LAWREADER: "Judges 64 pages of instructions could explain why Fen Phen jury goes into the sixth day of deliberation"

For those interested in the jury instructions involving the criminal trial of the diet drug lawyers, then click on Judges 64 pages of instructions could explain why Fen Phen jury goes into the sixth day of deliberation

KY BLAWGS: "Kentucky Judge given 30 day suspension for being rude, and publicly opposing re-election of another judge.'

From LawReader:

Kentucky Judge given 30 day suspension for being rude, and publicly opposing re-election of another judge.

  May 23, 2008   District Judge Frank Wakefield II of Franklin, Ky., has received a 30 day suspension for talking too much in court and being rude.  On Friday May 23, 2008 the Judicial Conduct Commission issued a sanction against the Judge who sits in Allen and Simpson counties.   click on heading for Stan Billingsley's entire post.

KY BLAWGS: "A court of appeals case that cries out for Supreme Court Review" from Lawreader

We previously posted on a COA decision that should go up on discretionary review to SCOKY.  It looks like another case has caught the eye of another Kentucky law blogger - Stan Billingsley at LawReader has a post -

A court of appeals case that cries out for Supreme Court Review
The following unpublished case demonstrates just how conservative some panels of  the current Court of Appeals can be.  We would suggest that this case cries out for review by the Supreme Court.   LawReader case # 24 issued on May 23rd— Subscribers can view at:  COURT OF APPEALS DECISIONS FOR MAY 23, 2008  oral plea agreement claim warrants * * * * click on heading for his entire post.

KY BLOGS: Senate Appropriations Chairman praises Williams lawsuit

Post from Lawreader, Senate Appropriations Chairman praises Williams lawsuit.

UofL Law: Faculty blogs provide source of active involvment in community, citizens concerns, and legal issues!

Hopefully, you will have learned that the University of Louisville Law School's faculty is up and blogging.  This is an important development as I have always maintained there are two key elements of legal scholarship - depth of research and analysis and timeliness. 

If there was a mathematical equation available, it would seem the with time legal research would increase but relevancy lost while at the same time legal relevancy increases with quick postings but the depth of the citations and legal resources decreases as time passes. 

Law review articles are strong on scholarship but can be weak on timeliness.  Law blogs have the oppositive strengths and weaknesses as they are stronger on timeliness but pay a price in the depth of their research.  However, there is a happy medium between the two critical components that law blogs can meet as depth of legal research gives way to the analysis and timeliness of the postings.

To that end, I have been and will continue posting links to the UofL Law blogs by their faculty.  A good idea two months later is no longer a good idea if it is too late.  A good idea with quick analysis but no string citations can still be darn useful.  Furthermore, our law school faculties possess the scholarship, the wisdom, the analysis, the gravitas, the respect, and the time to provide input and analysis on current and developing legal issues in Kentucky that the typical practitioner can never possess, myself included.

As our courts, legislature, and governor grasp and grapple with legal issues, the faculty from each of our three law schools can offer priceless commentary and critical analysis in their various specialties which includes Kentucky concerns splattered with what has happened in other jurisdictions.

Our courts, our state, our lawyers, and our legislature do not possess a monopoly on legal concepts.  I, for one, am estatic that the UofL Law faculty is stepping out from their cloistered cells of academia and sharing their knowledge, their insight, and their concerns with the local community, citizens, and counsel.

Thank you, University of Louisville Law School!  (updated:  Although some individual law professors throughout Kentucky may have been blogging previously and for some time, this is the first instance of a concerted effort and opportunity for legal blogging by members of the entire faculty with the blog being hosted at the school's web site!  If I err, I am sure the comments will take a nick out of me soon.).

Oh, yes.  Here is the link to their faculty blogs! http://www.law.louisville.edu/blog

That was a link to the web page, but here is a link to the RSS feed: http://www.law.louisville.edu/blog/feed