Kentucky Law Review

LAWYERS: Judge Morris, Prosecutor Cobb, and Public Defender Niemi retiring; Stan Lee ousted as GOP whip; and Stumbo now "Mr. Speaker" of the House

The changes to the state's retirement system are encouraging experienced public servants take a leap. One judge, one prosecutor, and one public defender.

First, Judge Morris is retiring and going for senior status at age 67.

Jefferson Circuit Judge Geoffrey Morris retiring
Fair but tough Morris shifts to senior status
By Andrew Wolfson • awolfson@courier-journal.com • January 2, 2009

Second, Carol Cobb, assistant Commonwealth's attorney, is retiring at age 63.

Cobb, high-profile Jefferson County prosecutor, retires
High-profile prosecutor retires
By Jason Riley • jriley@courier-journal.com • January 6, 2009

Third, Bette Niemi, public defender, is retiring at age 57.

Niemi worked tirelessly to save defendants' lives
1 client sentenced to death in 25 years
By Andrew Wolfson • awolfson@courier-journal.com • January 6, 2009

Other lawyers in the news recently include Stan Lee being ousted as GOP whip:

Stan Lee ousted as House GOP whip
The Courier-Journal • January 6, 2009
FRANKFORT, Ky. — Rep. Stan Lee, R-Lexington, was ousted today as Republican whip in the state House.  In a caucus meeting, House Republicans chose David Floyd, R-Bardstown, to replace Lee.

And Greg Stumbo becomes the new Speaker of the House as reported in Blue Grass Politics Blog:

Stumbo unseats Richards for House top spot
By Jack Brammer on KY General Assembly

FRANKFORT -- Kentucky lawmakers are spending the first day of the 2009 General Assembly electing their leaders for the next two years, with the most closely watched race between Democrats Jody Richards and Greg Stumbo for House speaker. Richards, who has held the top spot in the House since 1994, and Stumbo, a former attorney general and House majority leader, expressed confidence. House Democrats will meet at 3 p.m. to vote.

Questions raised about inquiry into PRP player's death (from Courier Journal)

From the Courier Journal:

Questions raised about inquiry into PRP player's death

By Antoinette Konz and Jason Riley • The Courier-Journal • December 30, 2008

The athletic director for Jefferson County Public Schools said he wasn't qualified to investigate the death of a Pleasure Ridge Park High School student who collapsed during football practice and later died, according to his deposition filed in Jefferson Circuit Court.

NEWS: "Informant recalls fear of spying on Klan "

From the Courier Journal:

Informant recalls fear of spying on Klan

Dave Hall recalls the spring night in 1999 when he was jolted from bed at the Kentucky headquarters of the Imperial Klans of America and found Imperial Wizard Ron Edwards looming over him -- a shotgun in one hand and a Bible in the other.

NEWS UPDATES: Budget hits legal aid; no dismissal of bid-rigging case, injunction granted and cops continue to take cars home, and . . .

Some local law-related stories:

• State Budget Crisis Results in Steep Cuts to Legal Aid Programs –While the demand for civil legal services for the poor is growing, funding drops
  By Stan at Lawreader
• Judge refuses to dismiss bid-rigging case
  By H-L Justice Team on Leonard Lawson
• Court upholds allowing small wineries to ship into Ky.
  From Courier Journal
• Judge halts higher fees for police take-home cars
  From CJ
• Attorneys praise Maggie Keane, defend her conduct
  From CJ Opinion  page
• Massey Energy to pay $4.2M in 2006 fatal fire case
  From Kentucky.com
  A Massey Energy subsidiary has agreed to pay $4.2 million in civil and criminal penalties and plead guilty to federal charges stemming from a fire that killed two miners at a southern West Virginia coal mine in January 2006, a federal official said Tuesday. 
  But U.S. Attorney Charles Miller said his investigation is ongoing and did not rule out the possibility that individuals might be charged with violating federal mine safety laws.
• Attorney General Conway Announces $1.1 Million Settlement With Drug Manufacturer

  By Shelley Catharine Johnson
  Deputy Communications Director
  502-696-5659 (office) on Office of the Attorney General

  Attorney General Jack Conway announced today a settlement with Bristol-Myers Squibb (BMS) resolving contentions that BMS violated court orders in two earlier lawsuits blocking the company from entering into collusive agreements with generic drug competitors.

Page One Blog has two recent posts on  legal issues.  One on the University of Cumberlands court case and the other on the KBA VP Election.

Here are the links/headlines:

• University of the Cumberlands Case Goes Supreme

  By jake on Wasted Money

• More on the Oldfather-Keane Situation

  By jake on FEAR!

Peabody Energy formally ends Thoroughbred plant effort

From Courier Journal.  Click on title for entire post:

Peabody Energy formally ends Thoroughbred plant effort

By James Bruggers • jbruggers@courier-journal.com • December 17, 2008

Peabody Energy has ended its quest to build its long-litigated Thoroughbred power plant that had been planned for Muhlenberg County.  The decision to withdraw its air quality permit application was tied to Tuesday’s announcement that Peabody and partner ConocoPhillips would seek a permit for a coal-to-gas plant at the same Central City-area location, said Beth Sutton(cq) of Peabody.

SCHOOLS" Pair launches campaign to encourage youths to pull up pants"

From Courier Journal is story about:

Pair launches campaign to encourage youths to pull up pants
Louisville Courier-Journal - Louisville,KY,USA
In Louisville, the Jefferson County Public School system's dress code bans sagging pants, as do some private businesses

HORSES: Curlin appraised at $20 million; makes N.Dak. News

Kentucky's Curlin spinning stories elsewhere:

Appraiser values Curlin at $20 million
AG Week - Grand Forks,ND,USA
Circuit judge Roger Crittenden is trying to sort out whether their share of the horse should be sold back to Jackson, who owns the other 80 percent.

BLUEGRASS POLITICS: "Prosecutors: Budget cuts will bring furloughs"

Prosecutors: Budget cuts will bring furloughs

By John Stamper on State Government

State and county prosecutors are asking Gov. Steve Beshear to exempt them from a four percent budget cut that’s being contemplated to cope with a projected $456 million state budget shortfall. The Prosecutors Advisory Council, which is chaired by Attorney General Jack Conway and sets prosecutorial budgets, says elected prosecutors would be forced to either slash pay, layoff lawyers and support staff or mandate employees to take furloughs — unpaid leaves of absence.

NEWS: MSD to pay fine, fix or remove plant

Interesting story on how unchecked growth in Eastern Jefferson County has exceeded the system's capability to handle the waste results in a fine to MSD that we all pay; but does the businesses, large office buildings or other added structures which have added to the waste water and drainage issues have to pick up the tab based upon the fact they created the problem?  No.  And what is one of the proposed solutions?  Pipe the waste to western Jefferson County.  Can't imagine why it bothers them.  Even though we are one county, and there should be no NIMBY (not in my back yard) issues, it does not make the stink of the added waste any less.

I have witnessed first-hand how the local planning folks approve zoning changes to allow purchasers to increase the value of their property from apartment zoning to office zoning; add lots of asphalt parking area; and increase the storm drainage runoff.  Thanks alot.

With less land, zoning should and needs to be more careful as the city begins to build upon itself and cause problems from the increased concentrations and their impact on existing facilities.  Remember when new subdivisions were scrutinized on their impact on utilities, schools, roads, etc.?  However, these issues are not considered as seriously when this infrastructure is already in place and the increased demands minimized.

However, here is the story.

MSD to pay fine, fix or remove plant - from Courier Journal

The Metropolitan Sewer District agreed to pay a $230,000 penalty to the U.S. Environmental Protection Agency and either eliminate its Jeffersontown waste-water treatment plant or fix problems there by the end of 2015.

The new agreement, which includes deadlines for several smaller treatment plants in eastern Jefferson County, replaces one announced in 2005 to fix much of Jefferson County's antiquated sewer system. That system each year spills about 4billion gallons of sewage into local waterways, including Beargrass Creek, Floyds Fork, Harrods Creek and the Ohio River.

MSD will pay the new penalty out of money it gets from ratepayers, and Brian Bingham, a senior engineer for the agency, said he didn't expect the fine to force rates higher.

* * *

A key change to the agreement with the EPA is regulators' requirement that MSD eliminate overflow problems at Jeffersontown and several other small plants much earlier than the previous deadline of 2024.

Schardein said there are three options for the Jeffersontown plant:

Renovate and expand the plant.

Shut it down and send sewage on days when it doesn't rain through pipes to the Morris Forman Wastewater Treatment Plant in western Louisville, but the extra swollen volume that occurs during rainy weather would be sent to the Derek Guthrie plant (formerly West County) in southwest Louisville.

Shut it down and send all the plant's sewage to a new plant or plants that could be built on or near Fort Knox as part of a new regional sewer district. Schardein said the Kentucky General Assembly will likely take up that proposal next year.

One of those options — the one involving the Guthrie plant — has come under heavy criticism from some residents of southwest Jefferson County.

Louisville Metro Councilman Doug Hawkins, R-25th, said it appears that MSD is again "dumping on southwest Louisville." * * *