Kentucky

The proposed new advertising rule as published by the KBA in Bench & Bar says..

Posted on November 12, 2010
 Proponents suggest that the proposed rule only applies to solicitations of employment.  But the language is interperted by some to say that any legal discussion on Facebook or other social media may be a violation.  Or does it?   The history of the Bar Counsel office is to interpert rules in an inclusive manner and not [...

England reforms lawyer discipline by new act which replaces Bar Associations

Posted on October 25, 2010
The Legal Services Act of 2007 removes the bar associations from the regulation of lawyer licensing.  The new body created to replace the self-regulation by the legal profession in England and Wales, focuses on consumer protection. This concept is interesting, and provides an alternative to the secrecy policies of american bar associations...

KBA ADVERTISING COMMISSION SAID TO BE CONSIDERING NEW RULE THAT REGULATES LAWYER COMMENTS ON FACEBOOK?.

Posted on October 25, 2010
  We have been advised that the KBA recently proposed  an amendment to the regulations of the Attorneys? Advertising Commission. This regulation apparently attempts to bring postings on Facebook within their jurisdiction. As we understand it,  the proposed amendment to the advertising rules will limit a lawyer’s participation on social media outlets such as FaceBook...

Proposed KBA rule to extend their jurisdiction over your Facebook comments?

Posted on October 20, 2010
LawReader recently received a comment on a proposed KBA ethics rule that places FaceBook postings under the control of the KBA..   The anonymous author is apparently a lawyer, and sees this proposed rule as a further extension of the control of the KBA over lawyer’s personal lives...

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California prosecutor errors go unpunished, Prof. says

Posted on October 12, 2010
  By Merrill Balassone | The Modesto Bee    Oct. 2010 Hundreds of California prosecutors ? including a handful in the Northern San Joaquin Valley ? committed ethical lapses in the courtroom without being punished, according to a report released this week...

Ex-prosecutor to be tried for alleged lies in drug trial

Posted on October 12, 2010
Doug Guthrie -The Detroit News Detroit ? A former Wayne County prosecutor was ordered today to stand trial on criminal charges for alleged lies during a 2005 drug trial. Former Assistant Wayne County Prosecutor Karen Plants was bound over for trial in circuit court by 36th District Judge David Robinson Jr...

Chief Justice Minton to announce creation of new Kentucky Access to Justice Commission

Posted on October 11, 2010
Kentucky will join the nearly two dozen states where supreme courts have formed Access to Justice Commissions to engage the judiciary in delivering civil legal aid to low-income citizens.  Chief Justice Minton will announce the creation of the Kentucky Access to Justice Commission...

2010 AMENDMENTS TO KENTUCKY DUI LAW

Posted on October 11, 2010
By LawReader Senior Editor Stan Billingsley    Several recent changes have been made to KRS Chapter 189A (DUI).  These became effective July 15, 2010.  The most significant change is the addition of a list of drugs which if tested in the driver’s blood within two hours of driving can constitute a DUI offense...

NOMINATIONS SOUGHT FOR 2011 OUTSTANDING JUDGE, LAWYER, DONATED LEGAL SERVICE AND BRUCE K. DAVIS BAR SERVICE AWARDS

Posted on October 02, 2010
The Kentucky Bar Association is accepting nominations for the 2011 Outstanding Judge and Lawyer, Donated Legal Services, and Bruce K. Davis Bar Service Awards. Nominations must be received by Dec. 31, 2010. If you are aware of a Kentucky judge or lawyer who has provided exceptional service in these areas, you may download the nominating form [...

Justices Noble and Schroder dissent Makes sense in conviction of drunk -

Posted on September 25, 2010
Ball v. Commonwealth, No. 2008-SC-000430-MR (Ky. 3/18/2010) (Ky., 2010)  NOBLE, J., Dissenting:    Consequently, I would hold that the language in KRS 503.060(1), “although the arrest is unlawful” is unconstitutional, and must be stricken from the statute...

IMPORTANT DECISIONS FROM THE PEN OF JUSTICE MARY NOBLE

Posted on September 14, 2010
SEPT. 14, 2010  By LawReader Senior Editor Stan Billingsley  We have a great new Supreme Court.  The level of legal reasoning of our current seven justices is in our opinion the highest it has ever been.   One of the leading thinkers on the current Supreme Court is Justice Mary Noble from Lexington...

MORE PEOPLE FORGO LAWYERS, REPRESENT THEMSELVES ? COURTS CONCERNED ABOUT TREND

Posted on September 07, 2010
  By Andria Simmons   The Atlanta Journal-Constitution     9-7-2010 Billy Williams already had spent $7,000 on attorney fees getting a divorce when he decided to act as his own lawyer for a custody dispute involving his 13-year-old son. Williams figured he could save this time around by representing himself, but he left the courtroom feeling frustrated [...

KBA MEMBERS CAN ACCESS CourtNet DATABASE IN THREE EASY STEPS

Posted on September 01, 2010
  By KBA -e-news For Kentucky Bar Association members, gaining access to the CourtNet database is as easy as one, two, three. With only three steps, attorneys can view all pending civil and criminal cases in Kentucky. If a criminal case is pending, an attorney can also see both opened and closed cases associated with [...

Justice Mary C. Noble named deputy chief justice of Supreme Court of Kentucky

Posted on September 01, 2010
  FRANKFORT, Ky., Sept. 1, 2010 ? Chief Justice of Kentucky John D. Minton Jr. has named Justice Mary C. Noble as deputy chief justice of the Supreme Court of Kentucky. Justice Noble has served as a justice since November 2006 and as a judge for more than 18 years...

Ct. of Appeals Judge Kelly Thompson ?sanctions? fisherman in humorous order.

Posted on August 31, 2010
Court of Appeals Judge Kelly Thompson from Bowling Green, Ky. has issued an order “sanctioning” an attorney who sought a continuance of an Oral Argument in order to go fishing.   Judge Thompson demonstrates that he is a jurist who has a sense of humor and he has his priorities straight...

Ky. Sup. Ct. Amends ?open and obvious? rule in slip and fall cases ? Comparative Negligence applied.

Posted on August 28, 2010
On August 26, 2010 the Ky. Supreme Court created an exception to the “open and obvious” defense in slip and fall cases.   The “open and obvious” defense still exists but is now subject to comparative negligence review.  The Court stated: “…That harm from an open and obvious danger can sometimes be foreseeable suggests that there [...

Attorney General Conway Names 2010 Outstanding Commonwealth?s and County Attorneys

Posted on August 27, 2010
Office of the Attorney General Attorney General Conway Names 2010 Outstanding Commonwealth’s and County Attorneys Press Release Date:  Thursday, August 26, 2010   Contact Information:  Shelley Catharine Johnson Deputy Communications Director 502-696-5659 (office)     Attorney General Jack Conway today presented the awards for the 2010 Outstanding Commonwealth’s and County Attorneys at the Kentucky Prosecutor’s [...

Speaker of the House Greg Stumbo Wins Disputed Child Support Claim Filed by Travis A. Fritsch ? Retroactive Child Support Not Allowed

Posted on August 27, 2010
  RENDERED: AUGUST 27, 2010; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000278-MR TRAVIS A. FRITSCH APPELLANT APPEAL FROM FAYETTE CIRCUIT COURT v. HONORABLE THOMAS L. CLARK, JUDGE ACTION NO. 01-CI-01677 GREGORY D...

FAMILY COURT JUDGE TAMRA GORMLEY GIVEN PUBLIC REPRIMAND AND A 45 DAY SUSPENSION FROM JUDICIAL SERVICE AND FORFEITURE OF PAY ? ct. finds she denied due process in several cases

Posted on August 26, 2010
JUDICIAL CONDUCT COMMISSION UPHELD – JUDGE FOUND TO HAVE DENIED DUE  DUE PROCESS TO LITIGANTS  The Ky. Supreme Court opinion issued on August 26, 2010 said:  Incompetent judges can be eliminated at the ballot box.”  Judicial misconduct is different...

Kentucky Judicial Campaign Conduct Committee cautions judicial candidates about soliciting and accepting contributions

Posted on August 18, 2010
 Kentucky Judicial Campaign Conduct Committee cautions judicial candidates about soliciting and accepting contributions  August 14, 2010  In a Kentucky case decided July 13, 2010, the U.S. Court of Appeals for the Sixth Circuit held that judicial candidates have First Amendment rights to personally solicit campaign funds and to announce their party affiliation and receive political [...

LAWREADER ANNOUNCES NEW COLUMN BY HON. JASON NEMES ? INSIDE THE KY. SUPREME COURT

Posted on August 18, 2010
NEMES, JASON – INSIDE THE SUPREME COURT  August 17, 2010 LawReader has added  Jason Nemes as a columnist.  He will focus on the Supreme Court and our Justices. Few people short of someone who has served on the Supreme Court, have as much knowledge of this subject than Jason Nemes...

Kentucky Judicial Campaign Conduct Committee cautions judicial candidates about soliciting and accepting contributions

Posted on August 14, 2010
 August 14, 2010  In a Kentucky case decided July 13, 2010, the U.S. Court of Appeals for the Sixth Circuit held that judicial candidates have First Amendment rights to personally solicit campaign funds and to announce their party affiliation and receive political party endorsements...

Chief Justice Minton Calls for Three-pronged attack on prison costs

Posted on August 13, 2010
By Ky. Chief Justice John D. Minton Jr.                            August 11, 2010 The core function of the state courts is the adjudication of legal disputes. And of all the legal disputes we adjudicate, our courts spend more time by far presiding over criminal cases...

Call for Statistical Justice Index For Our Courts

Posted on August 11, 2010
The following article is excerpted from the New York Times      8-11-2010 …while millions of Americans deal with their local criminal courts as defendants and victims each year, there is no comparable way to assess a judicial system and determine how well it provides basic legal services...

Lawyers: Proponents of California?s Prop 8 have no standing for appeal

Posted on August 09, 2010
  From NBC’s Pete Williams    Aug 9, 2010 Lawyers for the gay couples who successfully challenged California’s Proposition 8 have raised a question about whether the other side in the battle — the proponents of Prop 8 — have the legal right to appeal...

Judge suspended for rudeness ? Calls litigants ?Stupid? and ?Idiots? and whistles at the bench ?

Posted on August 06, 2010
  Supreme Court imposes 5-day suspension; four justices say 90 days is warranted By LEVI PULKKINEN  SEATTLEPI.COM STAFF In a mixed decision, the state Supreme Court has penalized a King County District Court judge accused of extreme rudeness in her Burien courtroom...

State sovereign immunity defense may be voided if it conflicts with Federal Law.

Posted on August 02, 2010
State sovereign immunity defense may be voided if it conflicts with Federal Law. The following cases suggest that if a claim is valid under Section 1983 of the Federal Civil Rights Act, that state law granting immunity to the official cannot override Federal law under the Supremacy Clause...

Hospital Stroke Scans Causing Radiation Overdoses ? Patients Face Serious Health Risks

Posted on August 01, 2010
NY TIMES   July 31, 2010 Hospital Stroke Scans Causing Radiation Overdoses – Patients Face Serious Health Risks By WALT BOGDANICH When Alain Reyes?s hair suddenly fell out in a freakish band circling his head, he was not the only one worried about his health...

Caution to Plaintiff?s Counsel ?If Medicare Paid your Client you may be subject to a lien and can be personally liable for repayment

Posted on July 22, 2010
Lawyers Mutual Insurance Company in their July 2010 newsletter warned attorneys who settle cases in which the plaintiff may have been paid “conditional” medicare benefits, that the government has a lien against any funds received by the client...

Sen. Mitch McConnell Admits Partisan Delay of Judicial Nominees

Posted on July 15, 2010
Hagan smokes out McConnell Sen. Kay Hagan tried again on the Senate floor yesterday to get a confirmation vote for two North Carolina judges nominated to serve on the 4th Circuit U.S. Court of Appeals. She failed, but she did manage to smoke out Republican leader Mitch McConnell as the chief obstacle...

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