Kentucky Law Review

Weekly News Roundup - Jan. 31-Feb. 7, 2010

Please click on the links for the entire and complete stories found at news sites and other blogs:

U of L student dragged through legal system for crime she didn't commit

Tiffany Washington had just finished classes at University of Louisville in late April 2008 when she returned to her townhouse apartment near campus to find an urgent message from her father telling her to call him.

The Value of a Diverse Judiciary is the Focus of Tuesday's Forum

By vmsmit06 on Student

Chief Justice John D. Minton Jr., Judge Denise Clayton, and Judge Joan A. “Toni” Stringer will speak at the next program in our Diversity Forum Series on Tuesday, February 9. Marque Carey will moderate the forum, which will focus on the benefits of diversity in the judiciary and what's being done to encourage diversity on the bench.

Police officer's court cases riddled with dismissals

During the past two years, a Louisville Metro police detective has accused at least a dozen defendants — many of them juveniles — of crimes they did not commit Courtroom video in which judge calls LMPD seeking evidence U of L student dragged through legal system for crime she didn't commit Police missed clues in problematic court cases Special Report: Officer absent: Case dismissed

THE SPORT OF KINGS: KING SAGA CONTINUES from Louisville News and Politics

Nursing home bill now �on life support'

Under House Bill 157, day-shift staffing would require at least one nurse's aide for every nine residents, one nurse for every 21 residents and a registered nurse supervisor for facilities with at least 75 beds.

Ex-teacher sentenced for sex crimes

Father pleads not guilty in child's death

JBS plant's union targets lawyer for neighbors

The union that represents workers at the JBS pork plant on Story Avenue plans to file a motion Monday in Jefferson Circuit Court asking that attorney Jon Salomon be disqualified from representing the Butchertown Neighborhood Association in a lawsuit involving JBS.

JBS plant's union targets lawyer for neighbors

The union that represents workers at the JBS pork plant on Story Avenue plans to file a motion Monday in Jefferson Circuit Court asking that attorney Jon Salomon be disqualified from representing the Butchertown Neighborhood Association in a lawsuit involving JBS.

Bill to ban texting while driving passes House

FRANKFORT, Ky. — Rep. Keith Hall, D-Phelps, was opposed to a bill that would ban texting while driving — until his wife was in a car crash involving her cell phone the night before the Kentucky House was to vote on the measure.

Payday loan bill filed

Domestic violence bill prompts questions

Panel backs bill to help detect child abuse

Senator says office meeting was secretly videotaped

FRANKFORT, Ky. — State Sen. Robin Webb said she was glad to meet in her office last week with Dr. Jack Ditty, the man she defeated last year in a special election and who has filed to run against her again this year.

Toyota probe deepens amid confusion over risk

Transportation Secretary Ray LaHood told Toyota owners Wednesday they should stop driving their vehicles, then quickly took back his words, adding to confusion over the safety of millions of recalled cars.

A MESSAGE FROM ED: LEADERS VERSUS PRETENDERS IN POLITICS

MEDICAL: Nursing home bill now 'on life support'

The following bill to improve nursing home staffing during the day shift or first shift falls short of the mark.  Why?  I understand most admissions occur at the second or evening shift with dinner, showers and getting residents ready for bed stretching staffing too.  Thus staffing is stretched. 

Nursing home bill now �on life support'

Under House Bill 157, day-shift staffing would require at least one nurse's aide for every nine residents, one nurse for every 21 residents and a registered nurse supervisor for facilities with at least 75 beds.

UofL Law: The Value of a Diverse Judiciary is the Focus of Tuesday's Forum

The Value of a Diverse Judiciary is the Focus of Tuesday's Forum

By vmsmit06 on Student

Chief Justice John D. Minton Jr., Judge Denise Clayton, and Judge Joan A. “Toni” Stringer will speak at the next program in our Diversity Forum Series on Tuesday, February 9. Marque Carey will moderate the forum, which will focus on the benefits of diversity in the judiciary and what's being done to encourage diversity on the bench.

• Why did it make a difference that these women were on the bench?
• What were/are the obstacles for African American women on the Jefferson County bench?
• What has changed during their tenure?
• What lessons can they impart to students who aspire to a career on the bench?  

This forum will also address "Pipeline Programs", like the Central High School Law Magnet Program, and their effect on creating chances for interested "diverse" students to excel academically and eventually go on to law school.

Lunch will be provided for all attendees, beginning at 11:30 AM outside of room 275. The program will begin at 12 noon.

U of L student dragged through legal system for crime she didn't commit

The following stories highlight something amiss with the Louisville Metro Police Department.  The allegations and concerns are serious, and I would suspect this story is only the tip of the legal iceberg as potential legal actions are brewing against the officer and others concerned.

U of L student dragged through legal system for crime she didn't commit

Tiffany Washington had just finished classes at University of Louisville in late April 2008 when she returned to her townhouse apartment near campus to find an urgent message from her father telling her to call him.

Police missed clues in problematic court cases

For weeks, Assistant Commonwealth's Attorney Jason Butler tried everything he could think of to get Louisville Police Detective Crystal Marlowe to turn over the evidence he needed to prosecute Robert Mitchem, the man she said robbed two people at gunpoint.

Police officer's court cases riddled with dismissals

During the past two years, a Louisville Metro police detective has accused at least a dozen defendants — many of them juveniles — of crimes they did not commit Courtroom video in which judge calls LMPD seeking evidence U of L student dragged through legal system for crime she didn't commit Police missed clues in problematic court cases Special Report: Officer absent: Case dismissed

COURTS: Lawreader post on judicial struggles elsewhere on adequate funding

Retired Judge Stan Billingsley has a post on the struggle over dollars between the judiciary and the legislature as state courts struggle to make payroll in the face of reduced revenues and shrinking budgets.  Of course, the courts have always been at the fulcrum point between the executive and the legislature with the strength flowing from public support and confidence in the rule of law and the administration of justice.  Remember from law school the quote attributed to President Andrew Jackson upon his disagreement with a SCOTUS decision authored by Chief Justice John Marshall?   "John Marshall has made his decision, now let him enforce it!" Whether he said it is disputed.

Nonetheless, those who forget history are doomed to repeat it.  The SCOTUS squabble involving the lost election of Gore to Bush II cost the court much credibility, but fortunately the world was safer than now, and job security and and a strong economy softened the public's perception.

People living from paycheck to paycheck will cast a jaundiced eye at courthouses that rival the Taj Mahal in splendor. 

The heart of justice is in its administration, not it's abode.

In light of an earlier story about the AOC in need of SEVENTY-SIX MILLION DOLLARS TO KEEP THE COURTS OPEN DAILY, time will tell weather this financial storm will take its toll.

Kind of puts another jurisprudential spin on the "open courts" doctrine.

CAN THE JUDICIARY MANDATE THAT THE EXECUTIVE BRANCH ADEQUATELY FUND THE COURT SYSTEM?

Courts over the years have protested cuts in their budgets by the Executive Branch by threatening to mandate a budget and to order the Executive Branch to fund the budget as drawn up by the courts.

The judiciary in New York has threatened to do this, but never carried through with their threat.

Now, possibly for the first time, a State Supreme Court has issued a formal ruling that assets the right of the Judiciary as an equal branch of government to mandate their own budget.

The Mississippi Supreme Court  last week issued such a ruling.

click on above heading for rest of Stan's post!

LAWYERS: Winters, Yonker and Rousselle plus 1st Physician Rehab named in lawsuit filed in Jefferson Circuit Court

I just received a copy of a complaint filed in the Jefferson Circuit Court against the law firm of Winters and Yonker styled by Sharon Langford.  The named defendants are:

• Winters, Yonker & Rousselle, PSC
• Bill Winters
• Marc E. Yonker
• Joseph L. Rousselle, Jr.
• 1st Physican Rehabilitation, Inc.

The Civil Action No. is 10-CI-00518, Jefferson Circuit Court, Division Eight.  Hon. McKay Chauvin is the trial judge.  Some might recall that Judge Chauvin recently presided in the fee dispute case between Hans Poppe and attorneys William McMurry and Mark Bryant which is pending submission to the court for a decision since it was a bench trial.

The attorneys representing Ms. Langford are Sam Carl and Richard Head.

Sam Carl is a personal injury lawyer whose office is located at

616 South 5th Street, Louisville, KY 40202

Tele: 502-583-3898 F: 502-589-3004

Click here for a copy of the complaint to download.  Suit was filed Jan. 22, 2010.  No answer has been filed for any of the named defendants.

Some readers will recall that Joseph Rousselle, Jr. exited the partnership some time ago.  See, Courier Journal story from Sept. 2009, Winters and Yonker say goodbye to Rousselle.

And for some other stories, see

• Winters, Yonker Verdict Over Civil Theft Upheld
• Winters & Yonker lawyers on the hook for $1-million
• "Ask Gary" Issues in Lawyer Advertising
• Who Is "Gary" in Those 1-800-ASK-GARY Commericals? (NOYES LEGAL NEWS)
• http://www.complaintsboard.com

Although this is a verified complaint signed by Sharon Langford, we must always remember this is one side of a lawsuit. 

AOC: Courthouse construction program creating financial crisis in courts; $76 million increase in funding needed to continue to enable courts to stay open 5 days a week, 52 weeks per year per AOC Director

Kentucky.com story on budget woes of AOC and financial strain created by courthouse construction initiative in the face of a weakening economy.  

State struggles to pay for new courthouses
By Linda B. Blackford - lblackford@herald-leader.com

The state court system laid off 47 people last fall, and judicial officials say they're looking at even more drastic measures in the upcoming budget cycle.

If the courts don't get a $76 million increase in funding, "we will have to see whether we can operate five days a week, 52 weeks a year," said Laurie Dudgeon, director of the Administration Office of the Courts.

Even though most other state agencies face cuts, Gov. Steve Beshear has recommended an extra $50 million from the General Fund for the courts, both to make up for past budget cuts and to pay for new courthouses that will be opening in the next two years.

Most of that money will be used for 38 new courthouses that will open over the next two years. That means the state has to start paying off the bonds used for construction.

Since 2000, $880 million has been appropriated for new courthouses that are part of a program designed by former Chief Justice Joseph E. Lambert that was aimed at putting a new courthouse in all 120 counties.

The state must start paying for the courthouses, or the counties will default on the bonds. So the court system's budget will have to be cut in other areas. But the judicial branch's financial conundrum — in the midst of one of Kentucky's worst fiscal crises ever — is raising questions about the politically popular but expensive courthouse construction program.

"I am very supportive of our courthouse project, but on a statewide basis, there wasn't a lot of thought given to how this money would be paid back," said Fleming County Judge Executive Larry Foxworthy.

Fleming County floated $11.5 million in bonds to build its new courthouse.

"It will be a big asset to us, but things could have been done to save more money," Foxworthy said. "These questions needed to be asked before the General Assembly obligated the state to this kind of payback."

Shelby County also floated bonds for its new courthouse, $18.4 million worth.

"In my opinion, the entire program was way too aggressive," said Shelby Judge Executive Rob Rothenburger. "Based on all the projected revenues, the AOC should have slowed down with these projects. I would have looked at what we could have done to renovate more courthouses."

click on heading above for remainder of story

NEWS: "Man hurt in recalled Camry continues recovery; retains counsel"

The following WAVE3 story addresses the Toyota recall and Todd Allen who was injured in a crash involving a recalled Toyota Camry.  Mr. Allen has hired a Louisville, Kentucky injury lawyer to pursue his claim for injuries:

Man hurt in recalled Camry continues recovery; retains counsel

By Jon Chrisos – bio | email  
Posted by Charles Gazaway - email

LOUISVILLE, KY (WAVE) - A Louisville man remains hospitalized in fair condition after a crash in a recalled Toyota Camry. Toyota says gas pedals in eight of its most popular models can get stuck causing unintended acceleration. According to Todd Allen, that is what happened to him Saturday night when pulling into a parking spot at an Okolona store.

Allen was in the parking lot of a strip shopping center on Blue Lick Road at Preston Highway when his 2010 Camry went down an embankment and into an icy creek. Now, Allen has hired a lawyer and a possible case against Toyota is moving forward.

Todd Greenwell from Isaacs and Isaacs will represent Allen. Greenwell says he is most concerned about Allen's recovery, but is putting together a team of mechanical engineers to go to the impound lot to inspect the crashed Camry. He says Toyota will also be sending an inspector.

"It's a long process," said Greenwell. "During the initial investigation the experts will take a look at the physical workings of the car."

Meanwhile, Allen's wife says her husband is doing better and trying to get his strength back. He is set to be moved to a rehabilitation center on Tuesday.

The police report indicates the front wheels of the vehicle dug into the snow bank as if the accelerator was stuck. Toyota says it's not aware of the specifics of the crash.

Featured Video at WAVE3

  Camry crash victim gets lawyer, continues recovery

For more information on vehicles affected by this recall:

• Toyotal recall affect you? Call your dealer - story at Courier Journal
• Toyota halts US sales of 8 recalled vehicle models

The 8 recalled models

Certain 2007-10 Camrys
2008-10 Sequoia
2009-10 Corolla
2007-10 Tundra
2009-10 RAV4
2005-10 Avalon
2010 Highlander
2009-10 Matrix

JEFFERSON COUNTY COURTS: 2009 Judicial Evaluation Results Available Now at LBA; see links below

Judicial Evaluation Results

The results of the LBA's annual judicial evaluation of local sitting judges are now available for download.

The judicial evaluation, which has been conducted since 1979, is designed to provide constructive criticism to sitting judges in order to allow them to improve their performance and maintain the high quality of justice delivered throughout Jefferson County. A total of 29 judges from the U.S. District Court, U.S. Bankruptcy Court and Magistrates for the Western District of Kentucky and the Jefferson District Court (including Senior Status judges) were evaluated in 2009.

To view the evaluation results, follow the links listed below:

Report of Findings

Comparison of Judges Summary Report

For additional information about the evaluation or to obtain a bound copy of the results and/or presentation, please contact the LBA Communications Director at (502)583-5314 or svaldez@loubar.org.

LBA: Results of judicial evaluations to be announced today at Louisville Bar Association Conference - Tuesday, Feb.2, 2010 @ 10:30 am - Media and members and public invited

MEDIA ADVISORY                     
Contact: Steven Valdez
svaldez@loubar.org
502.569.1357

Louisville Bar Association to Announce Results of Judicial Evaluation by Attorneys of Local Judges

 

Louisville, KY -- On Tuesday, February 2 at 10:30am in the Louisville Bar Center located at 600 West Main St. in Louisville, members of the Louisville Bar Association’s (LBA) Judicial Evaluation Committee will announce the results of the 2009/10 evaluation of the US District and Bankruptcy Courts, US Magistrates and Jefferson County District Court including currently seated Senior Status judges. The evaluation is designed to provide constructive criticism to sitting judges affording them the opportunity to improve their performance and maintain a high quality of justice delivered throughout Jefferson County.

                                                                                                                                                       

All members of the Kentucky Bar Association who qualify under project guidelines are invited to participate in the evaluation process. In lieu of the upcoming judicial elections, the material in the evaluation is proprietary and does not constitute an endorsement of any candidate.

 

A question and answer session will immediately follow the 10:30am press conference.

 

WHO:

·         LBA President Laurel Doheny

·         LBA Executive Director D. Scott Furkin

·         Thoroughbred Research Group Vice President Jim Lunger

·         LBA Judicial Evaluation Committee

 

WHEN:

Tuesday, February 2, 2010

10:30 AM

 

WHERE:

Louisville Bar Center

600 W. Main St., Suite 110

Louisville, KY 40202

 

 

About the Louisville Bar Association

The Louisville Bar Association is Kentucky’s oldest continuously operating bar association and is among the 40 largest local bars in the country with over 3,400 members and subscribers. The association’s mission is to promote justice, professional excellence and respect for the law, improve public access to the judicial system, provide law-related services to the community, and to serve its members.

 

2010 Legislature: "Restitution bill seeks to overcome unintended consequence"

Restitution bill seeks to overcome unintended consequence

FROM COURIER JOURNAL

The House Judiciary Committee Wednesday approved a measure aimed at reversing the effect of a law the General Assembly passed last year that forces some defendants convicted of theft to relinquish their drivers' licenses until they pay restitution.