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Kentucky

: Kentucky Law Blog

Campaign contributions to presidential and senatorial candidates gets circuit judge in trouble with Judicial Conduct Commission. If so, then what about Katie King?

By Michael Stevens

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From the Courier Journal.  Interesting story.  First Amendment issues regarding financially supporting a candidate for public office seem to be no impediment to going after after a judge under the guise of "inappropriate political activity" but what about the financial activities of Katie and Jim King relative to her judicial campaigns?  How much money must change family hands to get a judge elected before it is considered "inappropropriate political activity"?  The financial registry, the special prosecutor, the AG office presumably do not dictate the actions for the judiciary which is a separate but equal branch of government.  Time to act like it.

Does someone need to make a charge or can the Judicial Conduct Commission open its eyes and smell the roses (yeah, I know a mixed methaphor, but both senses make no sense of this situation).  Hart McGibben sits on the allegations for over a year, waiting until the campaign is over, to report he does not have enough evidence to get a conviction.  For crying out loud, some cases  you take because it is the right thing to do.  Every prosecutor does it; I did it when I was a prosecutor.  Losing a case is not the issue, winning a case is not the issue, doing the right thing is the only issue since justice is the key.  Not your track record.  Take it to the grand jury and see if they want to move with it. 

If doing what every citizen is permitted by law to do is "inappropriate political activity", then what about Justice Scalia and the Tea Party Talk or even the Katie King campaign finances? 

Circuit Court Judge Daniel Ballou's putative indiscretion is really not an indiscretion.  Especially if what he says is true - that he gave money while on active duty serving in Iraq? 

Kentucky judge faces misconduct charges

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FRANKFORT, Ky. ? A southern Kentucky judge has been charged with judicial misconduct for contributing money to U.S. Sen. John McCain's presidential campaign and for sending campaign material for U.S. Sen. Rand Paul.

Circuit Court Judge Daniel Ballou, who works in McCreary and Whitley counties, was charged by the Judicial Conduct Commission with violating a judicial canon that says judges ?shall refrain from inappropriate political activity.?

That includes making contributions or publicly endorsing or opposing candidates for office.

The Lexington Herald-Leader reported that Ballou denied the allegations in a motion filed this month. He said the McCain campaign donation occurred while he was deployed on military duty in Iraq.

He also argued he has a First Amendment right to express his opinions.

 

 

 

 

 

Full post as published by Kentucky Law Blog on January 29, 2011 (boomark / email).

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