I am troubled.

I am troubled.

I am troubled by the state of affairs my beloved university is in.  22 months ago the Board of Visitors hired at first female president in the history of the University of Virginia, Dr. Teresa Sullivan, and two weeks ago asked for her resignation.  I met the woman this spring - she is delightful –but I do not know all the reasons why the controversy arose.  What I do know is that my university is an uproar, authority is being challenged, many students faculty and alumni are speaking out on behalf of the president and there is a great deal of discontent on the Gounds of Mr. Jefferson’s University.  For a place that always seems to be under control with solid leadership, the past few weeks have been chaotic and embarrassing.  I’m troubled for all the very good people, some of whom I count as friends, who are embroiled in this controversy.  The Governor of Virginia asked for the resignation of the entire board, who were appointed by Virginia Governor’s, if the matter is not resolved this week.  I pray for a peaceful, amicable resolution.

Being a cup half full kind of guy, I look for opportunity in every challenging situation.  For my university the opportunity is to take advantage of all the people who are engaged at this point and keep them engaged in the discussion that will follow on the direction that the University of Virginia will take.  Higher education is on the cusp of great change.  I do not know what it will look like three years, five years, 10 years from now, or when my grandchildren enter the process 13 years from now.  Whatever happens, my university needs to be ready for change and part of the process.  To paraphrase Mr. Jefferson, a little revolution is good every now and then.

I am troubled for all of the good people who live in and around State College, Pennsylvania, all who have roots there and those with ties to Penn State.  I am troubled that the stain of a pedophile will for an extended period taint our vision of them.  Sandusky was caught, prosecuted, and will be put away for the rest of his life.  There is a special place in the afterlife for people like him. I am proud as punch when my former players still refer to me as ‘Coach’ but he has tarnished that image, too.  The sad, sorry episode is over.  But for his victims and for the good people of that community, the stain, sorrow and sadness will linger.  I have a fraternity brother who lives there with his lovely wife and family.  One of my great and good friends was raised there and still has family in the area.  His brother was the basketball coach for the Nittany Lions for a time a while back.  I’ve been there and it is a lovely community.  Because of the pervasive nature of college athletics these days, there will be constant reminders of this episode from coast to coast. The spotless reputation of Penn State is forever tarnished.  Everything good and positive compiled during a remarkable coaching career of Joe Paterno is washed away and branded with a scarlet letter P.  I grieve for the Penn State family and am furious at those who let this go on for so long.

I am troubled for the Elsmere policeman who was put in a position where he felt compelled to discharge his firearm and injure a person.  It is a horrible thing to have to do and everybody who enters police service realizes that it is a possibility.  That doesn't make it any easier on him, on his department and his chief, on his community and its mayor, on his family and friends.  The fact that a person is dead compounds the situation.  I am not expressing an opinion on whether or not the shooting was justified, on whether or not the deceased behaved in a criminal manner, etc.  My opinion is that any shooting affects everyone in the circle that surrounds the participants.  It happens across the river daily but it is a rare occurrence in Northern Kentucky, especially suburban Northern Kentucky.  I'm so sorry that this happened.  I feel so sorry for the policeman and his family.

I am troubled for our Commonwealth and our country.  Presidential campaign ads are already been run on television and it's just June.  Battle lines are being drawn.  Everyone seems to be taking extreme positions.  Compromise is both a lost art and highly criticized.  More on this later.

I am troubled by a divorce case has been going on for four years and I cannot get it to end.  I have been working on it forever and ever and ever, have spent hundreds of hours on it and can't seem to get the system to bring it to a conclusion.  There's always something else - some other delay -some new problem -and these people just cannot get along.  My client is at her wit’s the end, has been out of money for years, and has lost faith completely in our system of justice. I am an officer of the court and a leader in the state bar, and am frustrated to no end.  There are no correct answers or directions to give this woman that will bring her closure and peace.

I think I need a dose of serenity prayer.

Random Lawyer thoughts

Random thoughts on the Court of Justice in Kentucky and on the practice of law in Kentucky.

*After spending a week in Louisville at the Kentucky Bar Association convention with over 2000 members, I am still convinced that Kentucky lawyers are an outstanding group of people – caring, concerned, dedicated and real smart. I’m proud, honored and humbled to continue in their leadership for the next 3 years.

*No other profession has every member commit a sum of money every year to go into a fund to compensate people who have suffered monetary harm by the very few dishonest or fraudulent members of that group..

*Fewer than 2% of Kentucky attorneys are accused of and face discipline for violating the rules of professional conduct. The way the press (or what’s left of the press) covers it, one would think just the opposite. Lawyers are good folk, serve their clients and communities with distinction, and are there when needed.

*I have been and am concerned with the funding dilemma faced by Kentucky’s Unified Court of Justice. I understand the fiscal woes facing all state governments. I am also aware of our General Assembly failing to meet its obligations in many ways, including failing to pay the state’s share of retirement contributions into the KERS and CERS funds (while fully funding the legislature’s retirement fund!) The nature of KY politics is choosing which special interest to favor session by session, regardless of legal obligation. Even though the Court of Justice in KY receives less than 5% of the total appropriations, cuts were imposed such that the Chief Justice described the system as ‘hollowed out.’

Having given our situation some thought and conducted some research, I think the solution is clear and comes directly from the document that establishes and directs this Commonwealth – the Kentucky Constitution. Bear with me for a few moments while I explain.

Section 27 of our Kentucky Constitution says:’ The powers of the government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be confined to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.' Section 109 of the Kentucky Constitution says: ‘The judicial power of the Commonwealth shall be vested exclusively in one Court of Justice which shall be divided into a Supreme Court, a Court of Appeals, a trial court of general jurisdiction known as the Circuit Court and a trial court of limited jurisdiction known as the District Court.’ Section 110 (b) says: ‘The Chief Justice shall submit the budget for the Court of Justice and perform all other necessary administrative functions relating to the court.’ .Section 120 of the Kentucky Constitution says: ‘All compensation and necessary expenses of the Court of Justice shall be paid out of the State Treasury.’ Section 14 of the Kentucky Constitution says: ‘All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.’

In my opinion, the Kentucky Constitution requires the legislative department, our General Assembly, to pay the ‘necessary expenses’ of the Court of Justice as set forth by the budget submitted by the Chief Justice. Nothing in Kentucky’s Constitution gives the General Assembly the power to reduce this budget, or change this budget or appropriate one penny less than the Chief Justice asks for. The separation of powers set forth in Section 27 makes it clear that the judicial branch is separate and distinct, and by failing to fund the system as requested, the General Assembly is invading the judicial branch and its constitutional obligations.

This year, because of the failure of the General Assembly to pay the necessary expenses, Courts will actually close for three days. The Court of Justice budget has been reduced by about 50% over the past few years. Necessary staff has been fired. Needed improvements, such as electronic filing (which will save KY clients millions of dollars a year in wasted time) have been delayed or canceled.

In my opinion, this status is in violation of the Kentucky Constitution in that justice is delayed and denied, and the Courts will not be open. Thus rises the phrase ‘no courts, no justice, no freedom.’

Therefore, I call on Speaker Stumbo, President Williams, and all other officers of the Court who serve as elected members of the General Assembly to stand up and do their duty to the Court and our Constitution. All attorneys licensed in this Commonwealth are subject to the disciplinary authority of the Court of Justice, and Supreme Court Rule 3.130(3.5) prohibits a lawyer from engaging in conduct that disrupts a tribunal. Nothing is more disruptive to a tribunal than closing its doors on a court day. Arguably, conduct by attorney legislators in failing to pass the Chief’s budget is such conduct and is subject to professional discipline.

I call on non-attorney members of the General Assembly to act in compliance with Kentucky’s Constitution, a Constitution that they swore an oath to defend when they assumed their offices.

There. I have that off my chest. I invite comment. What am I missing?



*I took that same constitutional oath last Thursday night. I will become President-Elect of the Kentucky Bar Association on July 1, and currently serve as Vice President. In my new role I am required by the KBA By-Laws to thoroughly familiarize myself with the duties of the President and the work of the Association and of the Board. Given my 6 years as a Governor and one as VP, I have a pretty good handle on these tasks, but I honestly learn something new about the KBA every day. One task assigned to the President-Elect is to chair the budget committee, which is responsible for preparation of the budget to be used during the Presidential year. As a member of the Board, I will continue to participate in attorney discipline sessions. I will continue as a member of the Executive Committee, which is charged to ‘advise the President on matters concerning the operations of the Bar and provide a forum for discussion and recommendation to the Board of Governors including matters of long range planning.’ I hope to continue as a Trustee of the Kentucky IOLTA fund, as a member of the KYLAP Commission and as a member of the Supreme Court Rules Committee. I will assume a new role as a member of the Board of Directors of Lawyers’ Mutual Insurance Company of KY.

*Some may ponder the existence and nature of the Kentucky Bar Association. The KBA website puts it simply: ‘The Kentucky Bar Association is an independent agency of the Supreme Court of Kentucky. Its authority to regulate the legal profession in Kentucky, delegated by the Kentucky Supreme Court through rules, is derived from the Kentucky Constitution. . . . The mission and purpose of the Association is to maintain a proper discipline of the members of the bar in accordance with these Rules and with the principles of the legal profession as a public calling, to initiate and supervise, with the approval of the Court, appropriate means to insure a continuing high standard of professional competence on the part of the members of the Bar, and to bear a substantial and continuing responsibility for promoting the efficiency and improvement of the judicial system. SCR 3.025’

*Some may also ponder why I devote so much time and energy to the KBA. I can’t help it. I was born with a service ethic that was fostered by my mother and father and displayed by my sister. This service ethic is one reason why I served on Erlanger City Council for 13 years and now serve as its Mayor. It is why I devoted so much time and energy to the Kenton County Bar and then the Northern KY Bar. It is simply what I do and who I am.

That is all for now. I am sure there will be more later, as I roll through my terms and serve my clients. After all, at the root of it all I am an offensive lineman - doing the heavy lifting, reacting to the unexpected, and rarely receiving credit. I am a member of the ‘mushroom society’ – left in the dark and fed manure. I love it!