Kentucky Law Review

New Ethics Rules to take effect July 15, 2009 - anyone willing to do commentary/digest of them???

[LINKS TO RULES and RULES WITH CHANGES CORRECTED; note that the additions to the rules are underscored, and the deletions in brackets].

The Rules of Professional Responsibility have been revised with a little mixup in the news.  Here are some of the stories, with links to the rules and changes.  Should anyone wish to do any commentary on the rules, just email me and we'll post them!

Here is the LINK to the revised rules in PDF which are effective JULY 15, 2009!!!

Here is a link to the rules prior to 7/15/2009 with changes and deletions noted and marked! CLICK HERE.

Click here for the AOC Press Release.

Office of courts clarifies new rules on lawyer ethics

The day after the Kentucky Supreme Court announced it had approved the first major changes in lawyer ethics rules in 20 years, the Administrative Office of the Courts said some of the changes were incorrectly described in a document released to news outlets and posted on the court's Web site.

Lawyers must report misconduct, court says

The Kentucky Supreme Court made it mandatory yesterday for lawyers to report the misconduct of other attorneys and judges, as part of its first major revision in lawyer ethics rules in 20 years.

Supreme Court Justice Venters Speaker at 2009 Law Day in Frankfort

Justice Daniel J. Venters of the Supreme Court of Kentucky will be the keynote speaker for the 2009 Law Day celebration Friday, May 1, at the Kentucky Capitol in Frankfort. The annual event will begin at 10 a.m. in the chamber of the House of Representatives. The event is open to the public and media.

Law Day is a nationally designated day for Americans to celebrate the rule of law. The day underscores how law and the legal process have contributed to the freedoms of Americans. President Dwight D. Eisenhower proclaimed the first Law Day 51 years ago on May 1, 1958, to strengthen America’s heritage of liberty, justice and equality under the law. In April 1961, Congress passed a joint resolution designating each May 1 as Law Day, U.S.A.

The national theme for this year’s Law Day is A Legacy of Liberty. The theme recognizes the bicentennial of the birth of President Abraham Lincoln, who was a lawyer.

“We celebrate on Law Day this year our legacy of liberty,” Justice Venters said. “Liberty and the rule of law are deeply rooted in the legal and cultural tradition of America. Part of the mission of the legal profession is to keep that tradition alive.”

The Supreme Court of Kentucky will host the Law Day ceremony, which will begin with Chief Justice John D. Minton Jr. opening a special court session. Following Justice Venter’s speech, Supreme Court Clerk Susan Stokley Clary will swear in 143 new Kentucky attorneys. The event will also include an awards presentation for individuals who have contributed to law-related education programs. Distinguished guests from federal and state government and various law-related entities will attend the celebration.  

SCOKY: "Supreme Court upholds convictions of three death row inmates"

Supreme Court upholds convictions of three death row inmates

The Kentucky Supreme Court yesterday upheld the convictions of three death row inmates, including the state's only woman facing execution. Caudill and Goforth were convicted of killing 73-year- old Lonetta White of Lexington in 1998 by bludgeoning her with a hammer. White's body was then put in the trunk of her car, which was set on fire. FROM COURIER JOURNAL.

SCOKY: WKYT News First Video and story on SC Argument over Lexington Pension Fund

Here is WKYT video clip and story on:

Arguments Over Pension Could Mean Lexington Layoffs

Police and Firefighters say it's owed $246 million for the pension plan, the city argues but says now is not the time to take a big chunk all at once. And the issue is being heard by the Kentucky Supreme Court.

Over half of Lexington's general fund goes to police and fire, but the pension plan for firefighters and police is underfunded by nearly 250 million dollars. A problem Mayor Jim Newberry says has been plaguing the city for 30 years.

Mayor Newberry says there has only been one time when the pension was funded at the proper rate. Now with police and fire unions loosing thousands in a struggling financial market, it's looking for the city to start paying what it's owed.

Currently Lexington pays 18% of the total payroll to the pension plan, now the unions are asking for an additional 20 million dollars annually for the next 23 years, that's how long it would take to recoup the money.

The Mayor offered a different solution, $70 million to be sold in bonds then paid off by the city over the next 20 years. The Mayor says they wanted to take that money in addition to the $20 million annually. That's something the city can't afford, said Newberry.

The Pension Board has the power to name the price they want the city to pay, and according to a former board member they have no plans on changing the 20 million dollar figure.

Newberry says if that is the case, he'll be forced to cut positions in fire, police and other departments. The Mayor says with flat revenues and growing expenses and a budget that must be met, he'll have no choice but to make cuts.

Mike Sweeney of the Fraternal Order of Police says it's not fair to punish fire and police officers for the city's mistakes.

SCOKY: SC rules in CIMA Whistleblower Case

From the Logan News Democrat Leader.  Click here for full text of decision. Click on heading for the entire post (if still available on line):

Ky. Supreme Court rules on CIMA case
BY OJ Stapleton-Editor edit_ndl@bellsouth.net
Published: Tuesday, December 2, 2008 3:24 PM CST

The Kentucky Supreme Court issued an opinion on Wednesday of last week stemming from the lawsuit of Tommy Allen against the Consolidated Infrastructure Management Authority, Inc. (CIMA.)

The opinion interprets the time period concerning “whistleblowers” bringing actions against government entities.

Allen, who was represented by Pamela C. Bratcher of Bowling Green, filed the suit against CIMA in Logan County Circuit Court in 2003 and received a jury verdict in 2004 under the Kentucky Whistleblower Act and was awarded $40,000 in compensatory damages and $26,701 in attorney's fees.

SCOKY: Justice Cunningham speaks at Graves Counth HS

From the Murray State News; click here for entire story.

Bill Cunningham, a Kentucky Supreme Court Justice, spoke at Graves County High School Nov. 13, as a part of the University's Regional Stewardship Initiative.

The history department sponsored the presentation, and Cunningham addressed the topic "Standing for Justice: The Supreme Court in Kentucky."

SCOKY: Justice McAnulty's Portrait dedicated

McAnulty portrait dedicated at Supreme Court:

McAnulty portrait dedicated - First black justice honored

By Stephenie Steitzer  October 16, 2008

FRANKFORT, Ky. -- The Kentucky Supreme Court yesterday dedicated a portrait of Justice William McAnulty Jr., who died in August 2007 of brain cancer.
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The portrait of the state's first black justice will hang in a hallway near the Supreme Court chambers in the Capitol.

"With this portrait hanging in the hallway, I will walk by it and think, 'It's good to see you, Mac,' " Justice Mary Noble said.

McAnulty, 59, of Louisville, died just two weeks after he was forced to resign from the bench because of lung cancer that had spread to his brain.

He had served at every level of the state court system and was the first African American to sit on the Court of Appeals and Supreme Court.

All seven justices shared their memories of McAnulty after two of his children, Kate and Will, unveiled the portrait.

Click on heading for entire post.

CIVIL CASES: "Fired court employee accuses justice of nepotism" Herald Leader

Brandon Ortiz at the Herald Leader has posted the following story  about a lawsuit filed which accuses Kentucky Supreme Court Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

Fired court employee accuses justice of nepotism  from Herald Leader

A fired court system employee has filed a lawsuit accusing Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

The former Administrative Office of the Courts employee, Ruth Ann Combs, claims she was fired in January so that Andrew H. Scott could have her job.

The lawsuit, filed against the AOC and "unknown agents" who participated in her firing, comes on the heels of an internal administrative appeal that found that Combs' claim had "no merit whatsoever."

The suit was filed Aug. 27 in Perry Circuit Court.

NOTE:  If anyone should have a copy of this complaint, please send to me at kylawblog(at)yahoo.com in PDF format and I will post.  

CIVIL CASES: "Fired court employee accuses justice of nepotism" Herald Leader

Brandon Ortiz at the Herald Leader has posted the following story  about a lawsuit filed which accuses Kentucky Supreme Court Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

Fired court employee accuses justice of nepotism  from Herald Leader

A fired court system employee has filed a lawsuit accusing Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

The former Administrative Office of the Courts employee, Ruth Ann Combs, claims she was fired in January so that Andrew H. Scott could have her job.

The lawsuit, filed against the AOC and "unknown agents" who participated in her firing, comes on the heels of an internal administrative appeal that found that Combs' claim had "no merit whatsoever."

The suit was filed Aug. 27 in Perry Circuit Court.

NOTE:  If anyone should have a copy of this complaint, please send to me at kylawblog(at)yahoo.com in PDF format and I will post.  

SCOKY: Kentucky Supreme Court in Louisville this week at University of Louisville (Sept. 10, 11)

Just a reminder to each of you that the Kentucky Supreme Court will be in town for its monthly session hearing arguments at the University of Louisville Law School.  Good news is you will be able to watch them live locally, but the bad news is they will not be on the internet "live" and presumably not recorded.  However, I am hopeful the information technology folks at our local law school will be able to record these sessions and make them available later (I know they have the capability to do some recording since they recorded the debate of Supreme Court candidates a few years backK).

Here are some links to stories and the calendar (from prior postings at this blog and elsewhere):

• LBA:  LBA to Host Supreme Court Reception on evening of Sept. 10.  RSVP by 9/8!

• SCOKY ARGUMENTS: September 2008 Supreme Court Arguments to be held at U of L Law School for Sept. 10 and 11; No "Live Webcasting"

• SCOKY: Kentucky School Shooter Michael Carneal case before Kentucky Supreme Court again, Sept. 11 with args to be heard at UofL Law School

• State Supreme Court to look at 'no-retreat' self-defense law from Herald Leader