Kentucky Law Review

Random Thoughts on Gillispie and Warren Zevon with the common thread of Lawyers, Guns and Money (but no guns)

The lawsuit by UK's former b-ball coach to enforce a questionable contract for a job not well done (and I'm not even talking about the rumors running rampant over his off court antics) keeps getting messier by the minute.  The most recent story in the news about the need to hire Texas lawyers to defend the action in the Lone Star State reminds me of Warren Zevon's song "Lawyers, Guns and Money" with lyrics such as "Send lawyers, guns and money; Dad, get me out of this . . . . . Now I'm hiding in Honduras - I'm a desperate man
Send lawyers, guns and money, the shit has hit the fan."

The story continues:

Panel OKs contract to fight Gillispie lawsuit

By Beth Musgrave on State Government

FRANKFORT -- A state legislative panel on Tuesday approved spending up to $100,000 on a contract for a Texas law firm to help the University of Kentucky in its legal fight against former UK coach Billy Gillispie. The law firm of Fisher & Phillips will be paid through an insurance policy, according to information the university provided to the Government Contract Review Committee. The university needs lawyers that are licensed to practice law in Texas, the university says in its contract with Fisher & Phillips. The law firm's contract is not to exceed $100,000 from June 23 to June 30, 2010. Gillispie has filed a federal lawsuit against the university in Texas. The university has countered with its own lawsuit in Kentucky. At issue is how much Gillispie should be paid after he was fired from the high-profile coaching position this spring.

Having seen Warren Zevon twice at Phoenix Hill in Louisville years ago, I thought I would share with the youngsters a video of the bad boy doing his thing.

Poet, guitar picker, and singer.

Click here for video.

And let us not forget the lyrics:


I went home with a waitress the way I always do
How was I to know she was with the Russians, too?

I was gambling in Havana - I took a little risk
Send lawyers, guns, and money
Dad, get me out of this

An innocent bystander
Somehow I got stuck between a rock and a hard place
And I'm down on my luck
Yes, I'm down on my luck
Well, I'm down on my luck

I'm hiding in Honduras - I'm a desperate man
Send lawyers, guns, and money
The shit has hit the fan

Send lawyers, guns, and money...

And one of my other Warren Zevon favorites, Roland the Headless Thompson Gunner.

Here is a link to many of the You Tube videos of live performances, then click here.


Hasten Down the Wind.  and  Linda Ronstadt - Hasten Down The Wind (1976) Offenbach, Germany

Warren Zevon-Keep Me In Your Heart

AOC: Boyd County to dedicate new judicial center July 17

Boyd County to dedicate new judicial center July 17

FRANKFORT, Ky. -- The public is invited to a dedication ceremony for the Boyd County Judicial Center on Friday, July 17, at 11 a.m. EDT at 2805 Louisa St. in Catlettsburg.

“This beautiful, modern and secure facility is a very welcome addition to Boyd County and the city of Catlettsburg,” Boyd County Judge-Executive William “Bud” Stevens said. “It will serve the needs of our judicial system for several generations.” 

Kentucky courthouses have held a special place as the center of our communities since the early days of the commonwealth, Chief Justice of Kentucky John D. Minton Jr. said.

“The new Boyd County Judicial Center will provide an efficient facility where citizens can carry out court business and seek access to justice,” he said. “I appreciate the county leaders and state legislators who joined the Judicial Branch in making this project a reality.”

The judicial center consists of approximately 64,000 square feet and includes space for Circuit Court, District Court, the Office of Circuit Court Clerk and ancillary services.

The new court facility increases efficiency of services and public flow. It is equipped with the latest computer, video and networking technology. The design also provides the highest level of Kentucky court security through a single-point entry with magnetometers and security personnel. In addition, prisoners will be segregated from the public by separate entrances and corridors.

The Boyd County Judicial Center was designed to meet the standards required by the Administrative Office of the Courts. Louis & Henry Group of Louisville served as the architect, Codell Construction of Winchester was the construction manager and Ross, Sinclaire & Associates was the financial agent.

Chief Justice Minton and Judge-Executive Stevens will be among the speakers at the dedication ceremony. State legislators, circuit and district judges, the Boyd County circuit court clerk, county magistrates, AOC staff and local officials are also expected to attend. For more information, contact Judge-Executive Stevens at 606-739-4134.

As the administrative and fiscal agent for the Kentucky Court of Justice, the AOC oversees the construction and maintenance of court facilities statewide. The AOC also supports the activities of 3,800 court system employees, including the elected justices, judges and circuit court clerks.

JUDICIARY: Lane, McCormick and Moore are nominees for Bath, Menifee, Montgomery and Rowan Circuit Court Judge

Judicial Nominating Commission announces nominees for vacant judgeship in Bath, Menifee, Montgomery and Rowan counties

FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced the nominees to fill the vacant circuit judgeship in the 21st Judicial Circuit, Division 1, which serves Bath, Menifee, Montgomery and Rowan counties.

The three attorneys named as nominees to fill the vacancy are William Evans Lane, Allen Keith McCormick and George William Moore.

The Circuit Court judgeship was left vacant by Judge William B. Mains, who retired to join the Senior Judges Program.

Nominees

William Evans Lane of Mount Sterling is a District Court judge for Bath, Menifee, Montgomery and Rowan counties, a position he has held since 2003. He earned his juris doctor at Northern Kentucky University’s law school, graduating in 1985.

Allen Keith McCormick of Morehead is an assistant Rowan County attorney, a position he has held since 2007. He earned his juris doctor at the University of Louisville’s law school, graduating in 1980.

George William Moore of Mount Sterling is an attorney in his mediation and law office in Mount Sterling. He earned his juris doctor at the University of Kentucky’s law school, graduating in 1977.

OP-ED from CJ: re driver's license revocations for certain convictions

From Courier Journal:

Do what will work

A new Kentucky law requires judges to automatically revoke the driver's licenses of anyone convicted in cases involving any of 15 misdemeanor or felony theft charges, until they've fully paid restitution. Supporters say this will ratchet up the pressure to repay victims in a more timely way, and that makes sense. But good intentions don't necessarily make good law.

COURTS: Another Ten Commandments' case, and Jackson County too

From Courier Journal:

Jackson Co. sued over 10 Commandments

A federal lawsuit alleges that Jackson County officials are violating the Constitution by posting stand-alone displays of the Ten Commandments at both entrances to the county courthouse, outside various offices and even next to a women's restroom.

Jefferson County: "Lawsuit pits sons vs. jeweler over necklace" - dispute is over some Brown family jewels

From Courier Journal, a story about a trial next week over some Brown family jewels.  The trial is scheduled to begin on July 14, 2009 at 9:30 am in Jefferson Circuit Court, Div 13, with Judge Fred Cowan presiding.  The civil action no. is 06-CI-005330. The case name is
BROWN, ROBINSON S JR ESTATE OF, , ET AL VS. AESTHETICS IN JEWELRY, INC. with the corporation being sued as well as James Jackson, individually. 

The on-line story (and that in the paper edition) have more details.  What is interesting is not only a story about a pending matter in just a few days, but that a jury will need to be selected in the midst of this pretrial publicity with commentary on the facts of the case, motivations, and experts which may or may not be admissible evidence.

I was going to ignore this story initially, but since the Courier Journal felt free enough to open it up and since this blog is geared for lawyers who will not be serving anyway, wellllll....

This story also presents an interesting issue outside of the courtroom for lawyers contacting the media (or vice versa) about proceedings to be resolved in  a matter of days and the potential extra-judicial impact on the proceedings and the jurors.  For example, note Woman claims her lawyers exaggerated diet-drug injuries which was posted on June 22 at the Courier Journal- the date of mediation (the story did grab some national attention at the ABA - Fen-Phen Counsel Exaggerated Heart Issue & Sexually Harassed, Client Says - and with UPI - Fen-phen law firm sex allegation trial set - UPI.com .  Google could not locate a followup story on line at the Courier Journal (even though I recall reading it in the paper), but the Cincy Enquired did the following post on June 23 - Woman settles fen-phen lawsuit.

For what it is worth, the story was posted on line on Saturday July 11, but did not make the print edition until Monday July 13 which is one day before the trial. 

Although the stories are what they are, one cannot help but wonder what was the path that resulted in the story becoming news?

Meanwhile, back to the Brown family and their jewels.

Lawsuit pits sons vs. jeweler over necklace

By Andrew Wolfson • awolfson@courier-journal.com • July 11, 2009

. . .

The year after Jean McCauley Brown died in 2004, her husband, retired Brown-Forman Corp. chairman Robinson S. Brown Jr., saw a picture of a spectacular emerald and diamond necklace that Richard Burton once gave to his then-wife Elizabeth Taylor.

Brown asked Louisville jeweler Jim Jackson to make or find him one like it, saying he'd be willing to spend as much as $3 million.

. . .

Jackson found what Brown was looking for — a stunning necklace with 42 carats of emeralds and 300 diamonds — along with a pair of matching earrings. Jackson paid $500,000 for the set and sold it to Brown in March 2005 for $800,000.

When Brown died four months later, at age 88, his two sons immediately sought to sell the necklace and earrings.

But when they were offered hundreds of thousands less than their father had originally paid, they filed suit in Jefferson Circuit Court, accusing Jackson and his business, Aesthetics in Jewelry, of fraud.

In a case rife with allegations of greed and betrayal, Robinson S. Brown III and J. McCauley "Mac" Brown will ask a jury next week to rescind the sale or award damages equal to the difference between what their father paid and the jewels' fair-market value.

The younger Browns allege Jackson "tricked" him father into buying the jewels by claiming they were worth as much as $1.2 million.

. . .

NEWS: GM may repay loans, but what about the injured?

What's wrong with this picture?  The new GM promises repayment of loans.  However, all those injured claimants will probably get nada, zero, nothing.

GM chief says company will make money, repay loans

CEO: The new General Motors will be far faster and more responsive to customers than the old one, and it will make money and repay government loans faster than required.

Bankruptcy judge OKs GM sale plan

A bankruptcy judge has ruled that General Motors Corp. can sell the bulk of its assets to a new company, potentially clearing the way for the automaker to quickly emerge from bankruptcy protection.

Lawyers: "Bullitt lawyer enters state Senate race" from Courier Journal

Bullitt lawyer enters state Senate race

Shepherdsville lawyer John E. Spainhour is the first Bullitt County resident to enter the District 20 state Senate race.

FEDERAL: Will bid-rigging case result in another judicial recusal?

A few weeks ago I remarked that the number of judicial recusals in the Leonard Lawson bid rigging case was sounding like a Commodores' song, "One, Twice, Three Times a Recusal".  Actually, the tune is more like Queen's "Another one bites the dust" as the funky finger of foreknowldge may fall upon Judge Forrester who is the father-in-law of highway industry lobbyist, relatively speaking that is. 

See earlier post at Are the recusals in the bid rigging case of robed roulette or recusal round-robin event? Now its Judge Karl Forester!

Story from the Courier Journal:

Latest judge in Lawson case is father-in-law of highway lobbyist

By Tom Loftus • tloftus@courier-journal.com • July 10, 2009

FRANKFORT, Ky. — The new judge in the highway bid-rigging case is the father-in-law of a highway industry lobbyist.
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U.S. District Judge Karl S. Forester confirmed Friday that he is the father-in-law of Sean Cutter, a Frankfort lobbyist whose many clients include the Kentucky Association of Highway Contractors.

One of the defendants in the case, road contractor Leonard Lawson, owns companies that are members of the association. His son Steve Lawson is a former president of the association.

KY NEWS: Law-related stories from around the state

Law stories from around the Commonwealth:

Judge lets new bid-rigging indictment stand

FRANKFORT, Ky. — In a significant victory for the prosecution, a federal judge ruled Monday that a revised indictment in the highway bid-rigging case will stand.

Bankruptcy judge OKs GM sale plan

A bankruptcy judge has ruled that General Motors Corp. can sell the bulk of its assets to a new company, potentially clearing the way for the automaker to quickly emerge from bankruptcy protection.

Anti-porn group sues state, legislators over license plate denial

Reclaim Our Culture Kentuckiana said it would use proceeds from sales of the plate to raise awareness about harm caused by pornography and the sex industry.

Restitution law worries court officials

Last year several thousand Kentuckians were convicted of theft and required to pay restitution to victims — a process that can often take defendants months or even years to accomplish.

Judge halts work on Harrods Creek bridge

A federal judge on Thursday halted work to widen the historic Harrods Creek bridge in Prospect amid pending lawsuits over preserving it.

Are Court and Obama on a collision course on race?

The implicit message, delivered by the Supreme Court majority in two of the most important decisions of the term that ended this week, is that racial discrimination is no longer as big a problem as we once thought.

Courtly politics

The United States Supreme Court claims to be above politics, and it sometimes even achieves that aspiration. The Court has occasionally solved problems that the more conventionally political branches of government have allowed to fester, and oppressed minorities have periodically been able to use the court to vindicate their rights.

Walt Disney World monorail crash kills employee

ORLANDO, Fla. — Emergency officials say two monorail trains crashed in the Magic Kingdom section of Walt Disney World, killing one train's operator.

Bid-rigging 'coaching session' faced ethics dilemma

FRANKFORT, Ky. - Investigators in the federal highway bid-rigging case confronted an ethics dilemma early last year when their undercover witness finished a secretly recorded phone call with road contractor Leonard Lawson, according to a court document that provides a glimpse of the investigation.

Max Gilpin's 'tragic death has affected high school athletics nationwide'

The following is the text of a statement issued yesterday by Jefferson County Schools Superintendent Sheldon Berman, summarizing the findings of the system's internal investigation of the death of football player Max Gilpen last August.

Official recorded two conversations while alleged bid-rigging scheme was under way

In 2006 the key prosecution witness in the federal highway bid-rigging case secretly recorded two conversations with then-Transportation Secretary Bill Nighbert about obtaining confidential bid information, according to prosecutors.

Anthem, Norton dispute is 'uncharted territory'

It's rare in Kentucky for a major health insurer and a large health-care operator to sever relations as Anthem and Norton Healthcare have done, state insurance regulators say.

New suit challenges Jefferson student assignment plan

The lawyer who successfully challenged the Jefferson County school system's desegregation plan — in a case decided by the U.S. Supreme Court — filed suit Thursday against the district's latest student assignment plan.

College student sues anonymous newspaper poster

The anonymous post appeared online Aug. 13, 2008, under a Richmond Register story, headlined, "You can buy it at the mall, but you can't wear it there."