Kentucky Law Review

Ky Courts: Merit System Investigation Materials to be given to US Attorney, KBA, and others

Jack Brammer with the Lexington Herald Leader has the following story on merit system investigation materials being turned over to the U.S. Attorney, as well as to the state Personnel Board, the Executive Branch Ethics Commission and the bar counsel office of the Kentucky Bar Association.

U.S. attorney general to get evidence in Ky. hiring case
By Jack Brammer
HERALD-LEADER FRANKFORT BUREAU
FRANKFORT - - Evidence gathered by a special grand jury that investigated hiring practices in Gov. Ernie Fletcher's administration, including grand jury testimony, will be turned over to the U.S. attorney general, a judge ruled today.

Franklin Circuit Judge Reed Rhorer also said the materials will be given to the state Personnel Board, the Executive Branch Ethics Commission and the bar counsel office of the Kentucky Bar Association.

Deputy Attorney General Pierce Whites acknowledged for the first time in a hearing today that the bar association, which oversees the conduct of lawyers, requested the materials. He declined to say why the association wants the information. The board and commission, which are conducting investigations, previously had asked the court for the materials.

Bruce Davis, executive director of the bar association, could not be immediately reached for comment.

"It's a wonderful outcome," Whites said after today's hearing.

He said the U.S. attorney general should get the information "as a matter of prosecutorial comity."

Asked whether federal law might have been violated, Whites said that is for the U.S. attorney general to decide.

Fletcher's office had no immediate comment.

Click on heading for entire posting.

Thanks to the Bluegrass Report which has posted this story also.

Merit System Investigation: $2.1 Million and Still Counting

The Merit System violations and investigation took more than a toll on the administration of government and justice in Kentucky and the people's perceptions of those responsible for the government trust.

Probe tab: More than $2M
FRANKFORT - The lengthy investigation into Gov. Ernie Fletcher's hiring practices has cost taxpayers at least $2.1 million, but that's not the full cost.

Merit System Invest: Stumbo Says Grand Jury's Finding Could Be Referred To Feds

From Wave3:  Stumbo Says Grand Jury's Finding Could Be Referred To Feds.

Grand Jury Report on the Merit System Investigation is out.... finally

Grand jury report on the Merit System Investigation is out.  The shock is not in its findings, but in the fact the governor's attorneys made no objections. Grand jury report slams Fletcher administration's hiring practices [Ky Curmudgeon of the Herald Leader]

Merit System Investigation: "Judge orders hearing to review hiring investigation report"

Click here for story at Pol Watcher's blog and media link. "A judge will hold a closed-door hearing Nov. 15 to hear any objections to his making public the report from the special Franklin County grand jury that has been investigating hiring practices of Gov. Ernie Fletcher’s administration."

Merit System Inv.: "Grand jury issues final report [Kentucky.com]"

The Grand Jury's Report is out, but Judge Reed Rohrer rules it will remain under seal and not made public until the parties (Fletcher, Stumbo and Judge Graham) get a first "look see" to see to make any suggestions to insure compliance with the Kentucky Court of Appeals decision in Fletcher v. Stumbo and Judge Graham [click on decision for full text].

Grand jury issues final report [Kentucky.com]

The special Franklin County grand jury that has been investigating the hiring practices of Gov. Ernie Fletcher's administration issued its final report yesterday to a judge, but it remains under seal.

Merit System Investigation: It Ain't Over Till It's Over, and Still It Ain't Over - Governor's Legal Counsel responds to Lawreader posting

LawReader Exclusive - Governors Legal Counsel, Sheryl Snyder responds to LawReader editorial concerning Melcher decision and Governors actions regarding Murray State Regent - Cites two examples of judges serving as Trustee of University of Kentucky

Merit System Inv: "Victims of merit scandal unheard" [Courier Journa Op - Ed Page]

Here is an interesting and thought-provoking special commentary by attorney Ned Pillersdorf written and published in the Courier Journal from last week regarding those victims of the Merit System Investigation were LOST their jobs.  The focus this past year has been on the who won and who lost as it related to the Gov, the AG, the pardoned employees, the taxpayers who paid for the investigation, justice, etc. 

But some folks lost a job.  Some folks with families to support became unemployed. Some folks had to worry about bills to pay and not headlines to read.

Victims of merit scandal unheard

One of the privileges of being an attorney is to give a voice to the voiceless, and to empower the powerless. By now anyone who has followed the merit system scandal investigation has a pretty good idea of who the main cast of characters are. It is perplexing to me that the coverage of the hiring scandal has consistently ignored the powerless merit workers who were victimized by the political retaliation that was at the core of the investigation.

Merit System Inv: Prosecutor: Gov. deal needed

Prosecutor: Gov. deal needed [Cincy Post]

FRANKFORT - The agreement dismissing charges against Gov. Ernie Fletcher avoided a possible court ruling that could have struck a virtual "death blow" to public corruption cases in Kentucky, a prosecutor handling the case said Wednesday.

Merit System Inv: Prosecutorial Discretion does not prohibit political playmaking

Today's story from Ryan Alessi in the Herald Leader, and highlighted in a Bluegrass Report posting, reminds us that the interests of justice which guide a prosecutor in the performance of his/her duties does not preclude political playmaking.

Specifically, dismissing charges removes the indictment moniker many have been using to describe the governor to now be replaced only by the low in the ratings label.  However, indicted label remains as a political and historical fact as Governor Fletcher was indicted, never pardoned, and the charges simply dismissed with no determination of guilt or innocence, cleared or convicted, exonerated or exiled. 

As indicated earlier, the forums left now are impeachment and the court of pubic opinion (aka election).  Presumably, he desires the opportunity for the latter but not the former.

Kentucky judicial politics is not limited to Kentucky judicial circles, and the ripples proceed outside the judicial political pool as a consequence of Lambert's Footnote from Nowhere, the telegraphed dismissal, and the Melcher motion.  Fletcher may be free from jail, but what about those judge's running with that darn Fletcher kiss in November?  Will that lipstick on that robe wash off?

Here's the story, click on heading to read it in its entirety:

Stumbo's Move Sweetly Executed
By Ryan Alessi
HERALD-LEADER POLITICAL WRITER

* * * Again, Kentucky's political chessboard has been dramatically reconfigured.

It's now the Republicans' move, and Stumbo has made it slightly more difficult for them, said Michael Baranowski, associate professor of political science at Northern Kentucky University.

GOP officials who think the party would be best served by a new 2007 nominee can't make the argument to voters that: "'Here's a governor who's under indictment.' Instead they're left with 'Here's a governor who's not very popular,'" Baranowski said, referring to Fletcher's approval rating of less than 30 percent. * * *

Here's the rest of the political side story from Mark Nickolas at Bluegrass Report:

• Hiring Scandal Leaves Fletcher Dealing With Image (Biesk, AP)
• Stumbo's Move Sweetly Executed (Alessi, Herald-Leader)

And Mark Hebert offers his 2 Cents at his blog too at WHAS11:

• Stumbo Conflict?