Kentucky Law Review

SCOKY: Venters Appointed to Kentucky Supreme Court

FRANKFORT, Ky. (AP) -- Gov. Steve Beshear on Friday appointed longtime judge Daniel Joseph Venters to the Kentucky Supreme Court.

Venters succeeds former Chief Justice Joseph Lambert, who retired.

Venters is currently in private practice, but he was a veteran district and circuit court judge in southcentral Kentucky.

The appointment runs until the Nov. 4 general election, but Venters said Friday that he has filed as a candidate to serve the final two years of the term.

The 58-year-old Venters graduated from the University of Kentucky law school in 1975.

For a more detailed account of this appointment to include some history on Judge Venters' cases in the news while a circuit judge, then go to Andrew Wolfson's story at the Courier Journal - Gov. appoints new Supreme Court Justice

SCOKY: Robert W. Dyche III of London, Eddie C. Lovelace of Albany and Daniel J. Venters of Somerset are the three nominees for Chief Justice Lambert's seat on the bench

Judicial Nominating Commission announces names of nominees for Supreme Court vacancy in 3rd District

Please note that the justice appointed by Gov. Beshear will serve until after a justice is elected to the 3rd Supreme Court District seat in November. The seat will be on the ballot for the November 2008 general election. Once the State Board of Elections certifies the election results, the elected justice will immediately be sworn into office. This justice will serve for the remainder of the term for the 3rd District seat, which ends in 2010. The seat will be on the ballot again in 2010.

The filing deadline for the November general election is Aug. 12.

FRANKFORT, Ky., Aug. 5, 2008. The Judicial Nominating Commission, led by Chief Justice John D. Minton Jr., today announced the three nominees to fill the vacant Supreme Court seat for the 3rd District, which is comprised of 27 counties in southcentral Kentucky. The Supreme Court seat was left vacant by former Chief Justice Joseph E. Lambert, who retired June 27.

The three attorneys named as nominees to fill this vacancy are Robert W. Dyche III of London, Eddie C. Lovelace of Albany and Daniel J. Venters of Somerset.

The 3rd Supreme Court District is comprised of Adair, Bell, Casey, Clay, Clinton, Cumberland, Estill, Garrard, Green, Jackson, Knox, Laurel, Lee, Leslie, Lincoln, Marion, McCreary, Metcalfe, Monroe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne and Whitley counties.

Nominees

Robert W. Dyche III is a former Kentucky Court of Appeals judge who practices law in London. He was a Court of Appeals judge from 1986 to 2006 and a District Court judge for the 27th Judicial District, which consists of Laurel and Knox counties, from 1978 to 1986. As an attorney, his areas of practice include insurance defense, personal injury, Social Security for plaintiffs, real estate and criminal defense. He is a frequent speaker at continuing education seminars for judges and attorneys and is a former member of the Judicial Conduct Commission (2002-2006), the Kentucky Continuing Judicial Education Commission (1992-2006) and the Ethics Committee of the Kentucky Judiciary (1997-2002). He was admitted to practice law by the Kentucky Bar and the U.S. District Court, Eastern District, in 1975. He earned his juris doctor at the University of Kentucky College of Law, graduating in 1975. He has a bachelor's degree from Centre College in Danville.

Eddie C. Lovelace has been a Circuit Court judge for the 40th Judicial Circuit since 1992. He was previously the commonwealth's attorney for Clinton, Russell and Wayne counties from 1969 to 1992, county attorney for Clinton County from 1965 to 1969 and attorney for the city of Albany from 1961 to 1965. He was admitted to the Kentucky Bar in 1961 after graduating from the University of Louisville Brandeis School of Law with his juris doctor in 1959. He has a bachelor's degree from the University of Kentucky.

Daniel J. Venters is a former Circuit Court and District Court judge who practices law as an attorney in Somerset, focusing on civil litigation. His areas of practice include real estate, contracts, insurance and probate. He has also represented clients in criminal and family law cases. He was a judge for the 28th Judicial Circuit, which consists of Lincoln, Pulaski and Rockcastle counties, from 1984 to 2003. From 1979 to 1984, he served as a judge for the 28th Judicial District, which consists of Pulaski and Rockcastle counties. He served as assistant commonwealth's attorney for Lincoln, Pulaski and Rockcastle counties from 1975 to 1979. He was admitted to practice by the Kentucky Bar in 1975, the U.S. District Court - Eastern District - in 1977, the U.S. Supreme Court in 2001 and the U.S. District Court - Western District - in 2004. He earned his juris doctor from the University of Kentucky College of Law, graduating in 1975. He has a bachelor's degree from The Ohio State University.

UofL Law: "The Cardinal Lawyer: The Louisville bar welcomes Chief Justice John Minton"

The UofL Blog feed provided us with the following.  Go to their link for photos. The Cardinal Lawyer: The Louisville bar welcomes Chief Justice John Minton .

SCOKY: "County officials vote to sue state over jail payments"

From Herald Leader's Pol Watchers:

County officials vote to sue state over jail payments

Members of the Kentucky County Judge-Executive Association, who are meeting in Lexington, have voted to sue the state over a policy that allows criminals to get credit for time served while waiting for trial.

In a similar story by Ryan Alessi at the same paper:

Officials call for immediate judicial reform

By Ryan Alessi ralessi@herald-leader.com The governor, key lawmakers and an army of officials from cash-strapped counties say wholesale reforms to the state's judicial and penal systems are needed now, before Kentucky is financially crippled.

LAWREADER: "Speaker Richards: Chief Justice Minton Wins Big in Meeting with Legislators"

Now Chief Justice Minton met with legislators the day before his swearing in.  Lawreader reports - Speaker Richards: Chief Justice Minton Wins Big in Meeting with Legislators.

SCOCKY: Supreme Court race for Lambert's seat includes Dyche, Venters, Maguire, Breashear and Lovelace Interested or Announced; Hoover no longer considering run

From Joseph Gerth at the Courier Journal indicating that attorney Jeff Hoover is no longer seeking the appointment to replace Lambert on the Kentucky Supreme Court.

Robbie Dyche and Daniel Venters will be seeking the appointment. 

Pulaski Family Court Judge Walter F. Maguire said that he, too, would run for the office but that he would not seek an appointment by Beshear. 

Leonard Brashear, of Hyden, also will run for the position in November and probably will seek Beshear's appointment, said his campaign consultant, Dale Emmons. 

Circuit Judge Eddie Lovelace, of Albany, also said he's "giving it some very serious thought."

Lawyers, judges line up for high court seat
Beshear to appoint jurist until election

By Joseph Gerth • jgerth@courier-journal.com • June 29, 2008

Lawyers and judges across Southern Kentucky are lining up for a chance to replace former Chief Justice Joseph Lambert on the state Supreme Court.
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Lambert retired Friday, the day Justice John D. Minton Jr. of Bowling Green was sworn in as the court's fifth chief justice.

Gov. Steve Beshear will appoint someone from the state's 3rd Supreme Court District to replace Lambert, a process that will take at least a month.

A special election will be held in November to decide who fills the remainder of Lambert's term, which ends in 2010. Among those interested in the position are a former Kentucky Court of Appeals judge from London; two veteran judges from Somerset; a lawyer from Hyden and a longtime judge from Albany.

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Robbie Dyche, who spent 20 years on the Kentucky Court of Appeals, said he would run in November and ask Beshear to appoint him to the post. He might be the favorite since he would be running in a district that elected him numerous times in the past.

Former Circuit Judge Daniel Venters, of Somerset, announced this weekend that he is seeking the appointment and is running in the November election.

Pulaski Family Court Judge Walter F. Maguire said that he, too, would run for the office but that he would not seek an appointment by Beshear.

To accept such an appointment, Maguire said he would have to resign his current position and only be assured of serving a few months on the bench before he must face election.

And Leonard Brashear, of Hyden, also will run for the position in November and probably will seek Beshear's appointment, said his campaign consultant, Dale Emmons.

Circuit Judge Eddie Lovelace, of Albany, also said he's "giving it some very serious thought."

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AOC: Chief Justice Lambert's Farewell Remarks Upon His Retirement

Here are the remarks by Chief Justice Lambert on the occasion of his retirement:

REMARKS BY JOSEPH E. LAMBERT
Chief Justice of Kentucky

June 13, 2008

Counsel, distinguished guests,

It's a long-standing tradition for retiring Justices to say a few words at the conclusion of their last oral argument, and I'll follow that tradition here today. I deeply appreciate all of you for being here. I take your presence as an expression of goodwill and friendship, and for that I'm grateful.

It seems only a short while ago that I was taking this Bench for the first time, but the calendar tells me it that was almost 22 years ago. My first colleagues were Justice Roy Vance, Justice James B. Stephenson, Justice William M. Gant, Justice Charles M. Leibson, Justice Donald C. Wintersheimer, and, of course, Chief Justice Robert F. Stephens. To most of them, since I was the youngest justice ever on the Court, my age made me a bit of a curiosity. (Justice Gant always called me "young man.") From that first group of colleagues I learned a great deal about this institution and its role in Kentucky government.

I learned to deeply appreciate the rich history and traditions of this Court, and to understand that the way things were done was the product of reasoned decisions made over the course of generations. Through the years, I learned to deeply appreciate the judicial process. I've often thought that if only the public we serve could see our decision-making process, its fairness, if not always its wisdom, would be accepted. I have served on this Court with 26 Justices and, while some have been closer friends than others, I deeply appreciate all of those colleagues.

This is not intended as a retrospective of my career, though I firmly believe we have done a lot of good things for the Court of Justice and for the people of Kentucky during my tenure. Neither is it meant as an elegy. Rather, this is to acknowledge that today is my final appearance on the Supreme Court bench during oral argument. While I won't be here when the Court reconvenes in August, my thoughts will be with my colleagues and Court staff as you do your best to do justice for the litigants who come before you, and as you apply the time-honored principles of Kentucky law. [remainder of remarks below the fold]

AOC: Joseph E. Lambert gives traditional address June 13 after final oral argument as chief justice

Following a tradition of chief justices and justices who have retired before him, Chief Justice of Kentucky Joseph E. Lambert gave a brief address to the audience immediately after hearing his final oral argument as chief justice on June 13, 2008, in the Supreme Court Courtroom at the Capitol. Chief Justice Lambert is retiring June 27 after 22 years as a Supreme Court justice and 10 years as chief justice.  Chief Justice Lambert’s remarks (61KB-PDF).

AOC: Chief Justice Lambert will give closing remarks on Friday, June 13 after hearing his last oral arguments

Chief Justice Lambert to give traditional closing remarks June 13 after hearing final oral argument as chief justice
The public and media are invited to attend

FRANKFORT, Ky., June 12, 2008 - Following a tradition of chief justices and justices who have retired before him, Chief Justice of Kentucky Joseph E. Lambert will make a brief address to the audience immediately after hearing his final oral argument as chief justice. He will give his remarks Friday, June 13, in the Supreme Court Courtroom on the second floor of the Capitol. Chief Justice Lambert is retiring June 27 after 22 years as a Supreme Court justice and 10 years as chief justice.

Chief Justice Lambert will begin his comments at 11:50 a.m., immediately following the final oral argument of the day. The public and media are invited to be present for his address and the court proceedings.

Media representatives who would like to attend are asked to set up their equipment between 10:50 a.m. and 11 a.m. during a brief break after the conclusion of the 10 a.m. oral argument. Reporters will not be permitted to set up after oral arguments begin in the last case of the day at 11 a.m.   

The Supreme Court Courtroom is located in Room 210 of the Kentucky Capitol at 700 Capitol Ave. in Frankfort.

SCOKY: Portrait of former Justice Wintersheimer to be presented May 15 to Supreme Court of Kentucky

Frankfort, Ky. -- The portrait of the Honorable Donald C. Wintersheimer will be presented to the Supreme Court of Kentucky at a dedication ceremony at 2:00 p.m. on Thursday, May 15, 2008.  Honorable William T. Robinson, III., chairman of the resolution committee composed of lawyers who had worked with Wintersheimer, will make the presentation to the Court.  The portrait will hang in the corridors of the second floor of the Capitol Building.