Kentucky

JUDICIARY: Lawreader Post summarizes Chief Justice Minton's plan for using senior status judges in place of vacancies created by retirements

Posted on February 17, 2009
Lawreader post:Chief Justice John Minton Jr. proposes to fill judicial vacancies with Senior Status Judges to save Judicial Budget up to $6,000,000 during 2009 and 2010.

COA Arguments in Bardstown on Feb. 23, 2009 - Public is invited!

Posted on February 17, 2009
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four civil case appeals Monday, Feb. 23, at the Nelson County Justice Center in Bardstown. Proceedings are open to the public.A three-judge panel consisting of Court of Appeals Chief Judge Sara Walter Combs and Court of Appeals Judges Michael Caperton and Denise G...

LAWS: SB 68 regarding unmarried couples seeking adoption and foster care is showing signs of controversial consequences

Posted on February 17, 2009
Senate Bill 68 has been in the news recently, and the Kentuckians Value Fairness statewide rally and press conference will be held in the Capitol Rotunda Wednesday, February 25, 12:30-1:30 pm. Lobby training and group gathering is held in Capitol Annex room 111 at 9 am...

JUDGES: List of judges retiring on the eve of the end of the senior status judges program

Posted on February 15, 2009
Of course, as judges retire early to work part-time and earn larger pensions in the midst of this recession on the verge of a depression might not be considered so favorably by those citizens who will be fronting the bill in taxes to pay for this increased benefit...

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JUDGES: OP-Ed From Bowling Green Daily News on Proposed suggestions on Senior Status Judges Program

Posted on February 15, 2009
From the Bowling Green Daily News Op-Ed pagesMinton?s plan for senior judges will help stateBy the Daily NewsTuesday, February 10, 2009 11:39 AM CSTWe believe that Kentucky Supreme Court Chief Justice John Minton Jr. is onto something involving a program designed to save the court system more than $1 million and allow the last 22 retiring judges in the state to continue in that role on a part-time basis...

JUDGES: Senior Status Judge's Program Is not going silently into the sunset

Posted on February 15, 2009
I had thought the Senior Status Judges program was going, going, gone. But alas it is going out interestingly enough.Here is a post I did dated Dec. 22, 2008. Since there was no reason to heap more coals on to this program which was about to expire, I opted to keep it in the draft file...

Weekly Law News From Feb. 1 - 14, 2009 (sorry for the delay)

Posted on February 15, 2009
Legal news from around the Commonwealth of Kentucky:Kentucky Decides to Appeal Domain Name Seizure Case Employer's knowledge of injury excuses claimant's delayed noticeWorkers Comp Forum - Horsham,PA,USARuling: The Kentucky Supreme Court held that the claimant's delay in providing notice of his work-related injury to the employer was excused ...

CRIMINAL CASES: "Jury recommends 24-year term for murder, retaliation" from Courier Journal

Posted on February 15, 2009
Jury recommends 24-year term for murder, retaliation A Jefferson Circuit Court jury has recommended a prison sentence of 24 years for a Louisville man convicted of murder in the 2007 shooting death of Edrisha Reed on Tuscarora Way near Bicknell Avenue.

UofL Law: 2009 Law Review Symposium on Feb. 20, 2009 - First year's topic is "First Amendment Issues in Emerging Technology"

Posted on February 14, 2009
From the UofL Law School Blog. On a more personal/professional note two of the speakers have connections to my law school - Washington and Lee in Lexington, Virginia: Dean Partlett is a former dean from Washington and Lee University School of Law; Dean Blake Morant also taught at Washington and Lee and was an Army JAGC (we both went through the same basic course at the University of Virginia back in 1978; Law Review Symposium By rbwimb01 on Student The 2d Annual University of Louisville Law Review Symposium will be held at the University of Louisville, Louis D...

UofL LAW: Mock interview program well-received and an outstanding example it is never too early to mentor and be mentored!

Posted on February 13, 2009
Mentoring is not reserved solely for the more senior attorneys. All of us have something to offer someone. This post I found at the University of Louisville Law School exemplifies that spirit with kudos to a recent law grad JUSTINE FOWLES who helped organize and implement a two-day mock interview program for 1L law students...

COA: Kentucky Court of Appeals to hear oral arguments in state trooper?s appeal, other cases Feb. 18 in Bowling Green

Posted on February 13, 2009
Proceedings are open to the publicFRANKFORT, Ky., Feb. 12, 2009 - The Kentucky Court of Appeals will hear oral arguments in Bowling Green on Wednesday, Feb. 18, in the case of a Kentucky state trooper who claims that a former Butler County sheriff is responsible for the near fatal injury he sustained while responding to a call in January 1999...

Off Topic News: Will cutting the schools' "make up" days be worth it in education of our children or save any money??

Posted on February 11, 2009
Will cutting the school year actually help? This proposal makes no sense when it comes to education or to help disaster affected schools (which should be up and running at the end of the school year). And presumably it will not save much money in salaries and school maintenance...

AOC: Kentucky Supreme Court issues order on court records retention

Posted on February 11, 2009
The SCOKY has issued order 2009-4 regarding records retention. Here is the press release. When posted at the AOC web site, you should be able to find it in its entirety in PDF at http://apps.kycourts.net/Supreme/SC_Rules.shtm.Order addresses files in small claims cases, District Court civil cases, other recordsFRANKFORT, Ky...

Off Topic: Stimulus, revenue, trickle down, percolate up, and the bottom line of who pays

Posted on February 10, 2009
The money mystery and the stimulus of the economy is a mystery to me. Sometimes counsel comes from questions and not advice. I have a few questions: How come the states' solutions center on raising revenues and the federal solutions look at borrowing and tax cuts? Why assume the stimulus must trickle down from the federal government to the state and eventually to the citizen rather than percolate up? How does it save individual's money when the federal government borrows money and then distributes it the states to handle their shortfalls? Taxpayer money is taxpayer money, be it state or federal...

KBA CLE: 2009 Kentucky Law Update Schedule

Posted on February 10, 2009
For those who did not receive the following KBA email for the 2009 Kentucky Law Update Schedule and procedures:We are excited to announce the 2009 Kentucky Law Update dates and locations.September 2-3 (Wednesday/Thursday)CovingtonNorthern Kentucky Convention CenterSeptember 10-11 (Thursday/Friday)LexingtonLexington Convention CenterSeptember 22-23 (Tuesday/Wednesday)LondonLondon Community CenterOctober 1-2 (Thursday/Friday)OwensboroRiverPark CenterOctober 6-7 (Tuesday/Wednesday)AshlandAshland Plaza HotelOctober 20-21 (Tuesday/Wednesday)PrestonsburgJenny Wiley State Resort ParkOctober 29-30 (Thursday/Friday)Paducah (Gilbertsville)Kentucky Dam Village State Resort ParkNovember 5-6 (Thursday/Friday)Bowling GreenHoliday Inn & Sloan Convention CenterDecember 3-4 (Thursday/Friday)LouisvilleKY International Convention CenterThis year our membership will be receiving the 2009 KLU registration brochure in the mail during the month of May...

BAR: "Rule of Law" Symposium today at KSU - Please offer your suggestions!!

Posted on February 06, 2009
We received the following email on a "Rule of Law" presentation today at KSU. Kudos to KBA President Barbara Bonar for taking the lead in this effort as lawyers and non-lawyers address issues of "judicial independence; civil rights and social justice; the courts and dispute resolution; business, labor and the workplace; crimes, punishment, and deterrence; and families, children and family courts...

In Memoriam: Louisville Attorney William O. Guethlein Passes away Feb. 4

Posted on February 06, 2009
I received the following email today on the death of William O. Geuthlein. Obituary follows.We are very sad to report that Bill Guethlein passed away peacefully this afternoon at Jewish Hospital. This is certainly a great loss to all of those who knew him well...

BAR: Deckard resigns as KBA Director; search begins for replacement

Posted on February 06, 2009
Jim Deckard resigns as KBA Director. He only served two years. Search begins next month. In a world of change, we hope the bar finds a director he can embrace the fine traditions of the past and look to the future. Rather than leave it up entirely to the KBA and CJ, why don't you provide some input on names of attorneys you think would do a great job at the helm!!Ky...

Solo University is on-line, the price is right, the content useful and available, and local lawyer Finis Price is on the faculty; check it out!

Posted on February 02, 2009
As techology takes hold, more useful and innovative ways are being developed to expand your practice and profession. Just as telephones became conference calls, carbon copies became photocopies, and electronic typewriters became television typewriters, etc...

Peanut Recall List

Posted on February 01, 2009
Although there are a plethora of stories on this, I, at first, thought there was no need for another. However, in light of the recalls, this one should be helpful: Recalls of peanut butter products

Medical News Stories for week ending Feb. 1, 2009

Posted on February 01, 2009
Here are some medical and health stories found at USA Today. The story on handwashing reminds me of how my wife the registered nurse keeps explaining to me that water is not an antiseptic when washing the hands - soap, friction, and time help a little too...

AOC: Groundbreaking ceremony for Pulaski Courthouse on Feb.2, 2009 @ 1:30 pm

Posted on February 01, 2009
FRANKFORT, Ky. ??? The public is invited to a groundbreaking ceremony for the planned Pulaski County Judicial Center on Monday, Feb. 2, at 1:30 p.m. The event will take place at the construction site at 52 Public Square in downtown Somerset. The Kentucky General Assembly authorized the Pulaski County project in 2005 and approved its funding in 2006...

COA Argument Calendar for Feb. 2009 - Dates, times, locations, case names, issues, panel, and lower court/county referenced

Posted on February 01, 2009
COA Argument Calendar for Feb. 2009 - Dates, times, locations, case names, issues, panel, and lower court/county referenced posted at Kentucky Court Report.

Courier Journal Tips on Filing Insurance Claims

Posted on February 01, 2009
Saw this in the CJ, and I thought it might be a useful post for all in light of the insurance claims that will surely arise following the ice storm:Tips on filing for insurance Contact your insurance company as soon as possible. Meet with your adjuster before signing anything with contractors, lawyers or public adjusters...

Weekly News Ending Feb. 1, 2009

Posted on February 01, 2009
Here are some legal stories around the state this past week. Click on the link for the entire story on line (and if still available): State to appeal gambling rulingSeizure of Web sites is at issueBy Tom Loftus ??? tloftus@courier-journal.com ??? January 21, 2009FRANKFORT, Ky...

SC Argument Calendar for Feb. 11-13, 2009 with issues, links to briefs and times for LIVE Argument on-line

New Page 2

Posted on January 31, 2009
New Page 2 Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. The dates, times, briefs, and COA decision links are below! Again, if the litigants would like to request from the AOC at the time of their arguments copies of the videos and send to us, we will stream them! WEDNESDAY, FEBRUARY 11, 2009 9:00 a...

UofL Law: Prof Levinson - "Warns Conference - Save the Date - not only to earn CLE but to hear some great speakers"

Posted on January 28, 2009
From UofL Law Blog post by Ariana R. Levinson As I mentioned before, the Warns Conference will be June 18 & 19. The confirmed key note speaker is Cynthia Estlund. I have had the privilege of hearing Professor Estlund speak twice before, and this will be a talk you do not want to miss...

LBA: All meetings at Lou Bar Ass'n CANCELLED for Wed. Jan. 28, 2009! Otherwise operating on same schedule as JCPS for rest of week.

Posted on January 27, 2009
FROM LOUISVILLE BAR ASSOCIATION EMAIL:ALL MEETINGS CANCELED 01/27/09 ALL meetings for Wednesday, January 28, are canceled. Otherwise, the LBA will operate on the same schedule as Jefferson County Public Schools for the remainder of the week. We apologize for any inconvenience and will reschedule the meetings for a later date.

MEDICAL: "CDC: Ky. has highest smoking death rate" and other recent medical news from USA Today

Posted on January 26, 2009
From USA Today Health: CDC: Ky. has highest smoking death rate Whooping cough vaccine urged for new moms The science of hand washing to ward off cold, flu bugs Studies: Surgeons could save lives, $20B by using checklist

SUITS: National fraternity and adviser dismissed from federal wrongful death law suit

Posted on January 24, 2009
From Herald Leader's Kentucky.com:Judge dismisses fraternity, adviser in death suit A federal judge has dismissed a national fraternity from a wrongful death suit stemming from a fatal accident involving a state lawmaker's son that occurred after a party in southwestern Kentucky...

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