Kentucky

JUDICIAL CONDUCT COMMISSION GIVES PUBLIC REPRIMAND TO CIRCUIT JUDGE LANGFORD

Posted on June 18, 2013
Timothy A. Langford, The Circuit Court Judge for 1ST JUDICIAL CIRCUIT of Ballard, Carlisle, Fulton and Hickman counties was given a public reprimand by the Judicial Conduct Commission on June 17, 2013. It was charged that Judge Langford was asked by the grandmother of two children to allow her to take them to an Easter [...

HIPPA DOES NOT OVERRULE PUBLIC RECORDS ACCESS LAWS ? COURT ORDERS REVIEW

Posted on June 18, 2013
Commonwealth v. Lexington H-L Servs., Inc., 382 S.W.3d 875 (Ky. App., 2012) October 19, 2012 In a letter written on June 5, 2009, the Cabinet denied Estep’s request, claiming that the requested records were uniformly exempt from disclosure under various state and federal laws, including the confidentiality provisions of the Health Insurance Portability and Accountability [...

JUDICIAL CONDUCT COMMISSION TO HEAR MARTIN F. McDONALD ETHICS CASE

Posted on June 18, 2013
Notice of Hearing In re the matter of: Martin F. McDonald, Senior Status Special Judge LOUISVILLE, Ky., June 18, 2013 ? COMMONWEALTH OF KENTUCKY JUDICIAL CONDUCT COMMISSION IN RE THE MATTER OF: MARTIN F. MCDONALD, SENIOR STATUS SPECIAL JUDGE NOTICE OF TIME AND PLACE FOR HEARING NOTICE is hereby given that the hearing in these [...

FAMILY LAW ATTORNEY POSITION AVAILABLE

Posted on June 18, 2013
Eight attorney law firm in downtown Cincinnati seeks to hire an attorney who has 3-5 years of experience in litigation (plaintiff and defense) and family law. Is licensed to practice in both Ohio and Kentucky. The candidate should submit a resume and writing sample...

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U.S. SUPREME COURT SAYS PRE-MIRANDA SILENCE CAN BE USED

Posted on June 17, 2013
June 17, 2013 In a 5-4 ruling, the justices said prosecutors can use a person?s silence against them if it comes before he?s told of his right to remain silent. The Supreme Court says prosecutors can use a person?s silence against them if it comes before he?s told of his right to remain silent...

JEFF. COUNTY ATTN. O? CONNELL FIGHTS SANCTION BY KBA Will the Ky. Supreme Court allow free speech of prosecutors to be limited?

Posted on June 17, 2013
By Gwendolyn Billingsley, LawReader CEO June 17, 2013 Jefferson County Attorney Michael O?Connell has received a private admonition from the KBA Inquiry Commission, for ?violating ethics rules by sending a harshly worded letter to district judges last December, urging them to stop what he called ?disingenuous maneuvering? by defense lawyers in DUI and other cases...

KENTUCKY DETENTION CENTERS MUST MAINTAIN PUBLIC RECORDS

Posted on June 16, 2013
Eplion v. Burchett (Ky. App., 2012) NO. 2009-CA-001741-MR February 16, 2012 The OAG determined that the detention center had committed a number of procedural and substantive violations of the Act and that the above response evinced a misunderstanding of the obligations of the agency and its officials...

A SERIES OF COURT RULINGS HAVE SUPPORTED THE ACCESS OF THE PUBLIC TO PUBLIC RECORDS?.

Posted on June 16, 2013
KRS 61.871 PERMITS ANY PERSON TO REVIEW ANY PUBLIC RECORD Taylor v. Barlow, 378 S.W.3d 322 (Ky. App., 2012) September 14, 2012 In January of 2011, Michael Wayne Dunagan, a citizen of Tennessee, executed a Limited Power of Attorney authorizing Chester Taylor ("Taylor") to act in his name for the purpose of pursuing information pertaining [...

Pleading A Claim For Recovery of Attorney?s Fees

Posted on June 12, 2013
By David Kramer | dkramer@dbllaw.com More Sharing ServicesShare|Share on facebookShare on twitterShare on emailShare on printIn a May 3 post on this blog, we discussed the importance of having an award of attorney?s fees included in a judgment rather than treating it as a recoverable cost that may be resolved after entry of judgment...

JUSTICE DEPT. TO CRACK DOWN ON CHAPTER 11 BANKRUPTCY FEES

Posted on June 12, 2013
By Jacqueline Palank June 12, 2013 The U.S. Department of Justice this fall will crack down on the millions of dollars of fees that attorneys charge for their work on large Chapter 11 bankruptcy cases. Justice Department officials on Tuesday announced the first overhaul of existing attorney fee guidelines in 17 years will take effect [...

JUDGE STRIKES LAW BANNING DEMONSTRATIONS AT SUPREME COURT

Posted on June 12, 2013
By Tony Mauro Contact All Articles The National Law Journal June 12, 2013 Departing from a long line of local court rulings, a federal judge in the District of Columbia on Tuesday struck down the 64-year-old law that prohibits demonstrations and displays on the grounds of the U...

U.S. SUPREME COURT OUTLAWS RETROACTIVE CHANGE IN SENTENCING GUIDELINES

Posted on June 11, 2013
By Robert Barnes, Jun 11, 2013 The Washington Post A divided Supreme Court ruled Monday that tougher sentencing guidelines passed after someone commits a crime cannot be used to justify a longer sentence for the defendant. The court ruled 5 to 4 that such a change would violate the Constitution?s prohibition against enacting laws that [...

?Statutory one-year deadline for inmates to file a habeas petition to challenge their conviction can be overlooked if they are attempting to present new evidence that could prove their innocence?

Posted on June 08, 2013
U.S. Supreme Court decision in Flint man’s case could have far-reaching impact ??statutory one-year deadline for inmates to file a habeas petition to challenge their conviction can be overlooked if they are attempting to present new evidence that could prove their innocence? By Gary Ridley | June 08, 2013 at 10:07 AM FLINT, MI — [...

THESE TEN STATES HAVE THE WORST LAW-GRAD GLUT

Posted on June 07, 2013
Posted Jun 4, 2013 By Debra Cassens Weiss ABA JOURNAL Updated: Overall there are more than two law grads for every estimated job opening, according to data compiled by a lawyer who is a legal blogger. But it?s much worse in some parts of the country. At least one state has more than six law [...

KBA members can now subscribe to CourtNet 2.0 with just one click

Posted on June 04, 2013
KBA members who want real-time access to civil and criminal case information online can now subscribe to CourtNet 2.0 with the click of a button. The Administrative Office of the Courts has simplified its subscription process since the initial rollout of CourtNet 2...

U.S. SUPREME COURT IN SHARP DIVISION ALLOWS DNA CHECK WITHOUT SEARCH WARRANT

Posted on June 03, 2013
JUNE 3, 2013 WASHINGTON — A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting. “Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that [...

New Law: The time for filing a Worker?s Compensation Board appeal petition for review may be enlarged pursuant to a motion filed before it expires.

Posted on May 31, 2013
Nickell v. Diversicare Mgmt. Servs. (Ky., 2012) February 17, 2012 Following the amendment of KRS 342.290, the Supreme Court adopted SCR 1.03(3), which provides that final decisions of the Board are subject to review by the Court of Appeals under procedures set forth in the Rules of Civil Procedure...

Can an Investigative Stop by Police of Your Vehicle violate the Fourth Amendment to the United States Constitution?

Posted on May 31, 2013
The law affects us everyday. It can be confusing but it gives order to our activities and allows us to live a more safe and satisfying life. It is my goal with this newsletter to help my past, present and future clients put the law on their side and to say thank you to them [...

U.S. SUPREME COURT Some inmates get more than a year to dispute convictions

Posted on May 30, 2013
May 29, 2013 12:00 am ? Robert Barnes The Washington Post WASHINGTON – A divided Supreme Court ruled Tuesday that a prisoner who presents credible evidence of his innocence can overcome a procedural barrier that he waited too long to go to court...

SCOKY Reverses Defense Verdict for Trial Court?s Erroneous Denial of Plaintiff?s Motions to Strike Prospective Jurors for Cause; Discussion of Procedure Required to Avoid Harmless Error Finding

Posted on May 29, 2013
By David Kramer | dkramer@dbllaw.com More Sharing ServicesShare|Share on facebookShare on twitterShare on emailShare on printIn Grubb v. Norton Hospitals, Inc., http://opinions.kycourts.net/sc/2010-SC-000532-DG.pdf (issued 5/23/13), the Kentucky Supreme Court reversed a decision of the Court of Appeals that had upheld a defense jury verdict entered by the trial court in a medical negligence case based on [...

ERIC DETERS SANCTIONED BY Ky. SUPREME COURT In Fiery Response Deters says he will consider appeal to U.S. Supreme Court

Posted on May 26, 2013
. May 26, 2013 By LawReader Eric Deters has been suspended from the practice of law for 90 days with 30 days running concurrently with the 60 day sentence. The charges against Deters involve a procedural error in confusing the registration date of a LLC...

FEDS ARGUE ILLEGAL IMMIGRANT SHOULDN?T GET LAW LICENSE

Posted on May 23, 2013
the associated press TALLAHASSEE, Fla. — A Florida’s man bid to obtain a law license despite questions about his immigration status could be coming to an end. The U.S. Department of Justice this week filed a legal brief arguing that the state should deny a law license to anyone who enters or remains in the [...

WORKERS? COMPENSATION BOARD MEMBER VACANCY?APPLICATIONS BEING ACCEPTED

Posted on May 22, 2013
Kentucky Department of Workers’ Claims The Workers’ Compensation Nominating Commission is now accepting applications to fill an unexpired term on the Workers’ Compensation Board. This is a full-time position for a term expiring on January 4, 2016...

JUSTICE SCOTT AUTHORS IMPORTANT RULING ON HAIR COMPARISION EVIDENCE AND DAUBERT

Posted on May 22, 2013
Although SCOKY affirmed the scientific evidence of ?hair comparison? evidence which has been historically admissible in Kentucky, Justice Scott shot a warning volley over the bow of Daubert with a bit of a warning that the past may not always be the assurance for continuing admissibility - the state of scientifically accepted evidence is ever [...

COURT CITES ANOTHER INSTANCT OF INQUIRY COMMISSION OF KBA FAILING TO DESCRIBE THE OFFENSE CORRECTLY

Posted on May 22, 2013
Kentucky Bar Ass’n v. Edwards,Terry Ray 377 S.W.3d 557 (Ky., 2012) September 20, 2012 Emma Frances Kottmyer was adjudged to be incompetent to handle her finances, having been diagnosed with dementia and early-onset Alzheimer’s disease. The district court appointed Edwards, who was Kottmyer’s attorney on several occasions for over a decade before the appointment, and [...

KENTUCKY SUPREME COURT WARNS BAR COUNSEL THAT DISCIPLINE PROCEEDINGS ARE NOT CRIMINAL TRIALS!!

Posted on May 22, 2013
Kentucky Bar Ass’n v. Robinson, 386 S.W.3d 739 (Ky., 2012) These distinctions between the procedure provided by SCR 3.360(4) and SCR 3.480(2) are of vital importance. While KBA disciplinary proceedings are frequently treated as prosecutorial by the bar, they are not criminal proceedings...

SUPREME COURT REQUIRES INQUIRY COMMISSION CHARGES TO STATE ACTUAL FACTS

Posted on May 22, 2013
The Supreme Court has mandated that the Inquiry Commission actually provide factual information to support their findings of ethical violations. Ky. Bar Ass’n v. Blum (Ky., 2013) April 25, 2013 9. See SCR 3.190. This is not to be construed as an endorsement of the form of the Charge in this case...

ATTORNEY SANCTIONED FOR USING OFFICE WESTLAW?Why didn?t he just subscribe to LawReader?

Posted on May 22, 2013
Finley v. Kentucky Bar Ass’n, 378 S.W.3d 313 (Ky., 2012) September 20, 2012 The Kentucky Bar Association ("KBA") now charges that Finley violated SCR 3.130–8.4(c) by using his official position for financial gain. SCR 3.130–8.4(c) provides that "It is professional misconduct for a lawyer to … engage in conduct involving dishonesty, fraud, deceit or misrepresentation...

KBA CONTINUES TO CLOSELY REVIEW COMPLAINTS AGAINST FEE BILLS OF INDIVIDUAL ATTORNEYS AND SMALL LAW FIRMS. WE CAN?T FIND EVIDENCE OF THE REVIEW OF BILLING PRACTICES OF INSURANCE DEFENSE LAWYERS BY KBA.

Posted on May 20, 2013
Kentucky Bar Ass’n v. Greene, 386 S.W.3d 717 (Ky., 2012) November 21, 2012 As a result of the above conduct on March 16, 2009, Carneal and his current wife filed a bar complaint against Respondent pertaining to Respondent’s representation of him...

RIGHT OF INDIGENT TO HAVE APPOINTED COUNESL IN CHILD CUSTODY CASES

Posted on May 19, 2013
RIGHT OF INDIGENT TO HAVE APPOINTED COUNSEL IN CHILD CUSTODY CASES See: A.C. v. Cabinet for Health & Family Servs., 362 S.W.3d 361 (Ky. App., 2012) A.C. v. Cabinet for Health & Family Servs., 362 S.W.3d 361 (Ky. App., 2012) February 24, 2012 This is an appeal from the Kenton Family Court’s January 11, 2011 [...

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