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    <title>Kentucky Law Review</title>
    
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    <updated>2010-02-09T22:27:38-05:00</updated>
    <subtitle>Recent News, Developments and Commentary on Kentucky Law, Decisions,  Statutes, and Trials </subtitle>
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        <title>AOC:  Justice McAnulty bust to be unveiled Feb. 11 as part of Black History Month celebration Chief Justice Minton, Gov. Beshear to be among speakers at Capitol</title>
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        <published>2010-02-09T22:27:38-05:00</published>
        <updated>2010-02-09T22:27:58-05:00</updated>
        <summary>FRANKFORT, Ky., Feb. 8, 2010 – A bust of Justice William E. McAnulty Jr. will be unveiled Thursday, Feb. 11, as part of a tribute to the late justice during the Black History Month program at the Capitol in Frankfort. The event will take place at noon in the Capitol Rotunda and is open to the public. Justice McAnulty was the first black justice to serve on the Supreme Court of Kentucky. He passed away Aug. 23, 2007, after a courageous battle with cancer. The Kentucky Black Legislative Caucus is hosting the Black History Month program, titled History in the Making. Chief Justice of Kentucky John D. Minton Jr. will begin the tribute to Justice McAnulty. Justice McAnulty’s daughter Katheryn and former Justice Martin E. Johnstone will also speak about the late justice. His sister, the Rev. Jean Smith, will conclude the program with the benediction. Louisville sculptor Ed Hamilton, the award-winning artist who created the Justice McAnulty bust, will unveil the piece. The bust will be located in the vestibule of the Supreme Court Courtroom following the unveiling. J. Blaine Hudson, dean of the College of Arts and Sciences at the University of Louisville and a professor in the Pan-African Studies Department, will be among the key speakers at the Black History Month program. Other speakers will include Gov. Steve Beshear, Lt. Gov. Daniel Mongiardo, Senate President David Williams, House Speaker Greg Stumbo and members of the Kentucky Black Legislative Caucus. Black History Month is celebrated each February to remember the contributions of black Americans in the United States. The observance began in 1926 when Carter G. Woodson established Negro History Week. The weeklong celebration was expanded to a month in 1976. Justice McAnulty Justice McAnulty was elected to the state’s highest court in November 2006 to represent the...</summary>
        <author>
            <name>Michael Stevens</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="AOC" />
        
        
<content type="xhtml" xml:lang="en-GB" xml:base="http://www.kentuckylawblog.com/"><div xmlns="http://www.w3.org/1999/xhtml"> <br />FRANKFORT, Ky., Feb. 8, 2010 – A bust of Justice William E. McAnulty Jr. will be unveiled Thursday, Feb. 11, as part of a tribute to the late justice during the Black History Month program at the Capitol in Frankfort. The event will take place at noon in the Capitol Rotunda and is open to the public.<br /><br />Justice McAnulty was the first black justice to serve on the Supreme Court of Kentucky. He passed away Aug. 23, 2007, after a courageous battle with cancer.<br /><br />The Kentucky Black Legislative Caucus is hosting the Black History Month program, titled History in the Making.  <br /><br />Chief Justice of Kentucky John D. Minton Jr. will begin the tribute to Justice McAnulty. Justice McAnulty’s daughter Katheryn and former Justice Martin E. Johnstone will also speak about the late justice. His sister, the Rev. Jean Smith, will conclude the program with the benediction.<br /><br />Louisville sculptor Ed Hamilton, the award-winning artist who created the Justice McAnulty bust, will unveil the piece. The bust will be located in the vestibule of the Supreme Court Courtroom following the unveiling. <br /><br />J. Blaine Hudson, dean of the College of Arts and Sciences at the University of Louisville and a professor in the Pan-African Studies Department, will be among the key speakers at the Black History Month program. Other speakers will include Gov. Steve Beshear, Lt. Gov. Daniel Mongiardo, Senate President David Williams, House Speaker Greg Stumbo and members of the Kentucky Black Legislative Caucus. <br /><br />Black History Month is celebrated each February to remember the contributions of black Americans in the United States. The observance began in 1926 when Carter G. Woodson established Negro History Week. The weeklong celebration was expanded to a month in 1976.  <br /><br />Justice McAnulty<br />Justice McAnulty was elected to the state’s highest court in November 2006 to represent the 4th Supreme Court District, which consists of Jefferson County. He had been appointed to the Supreme Court bench on June 28, 2006, to fill the position vacated by retiring Justice Johnstone.<br /><br />Justice McAnulty served at all four levels of the state court system. He began his judicial career as a Jefferson County Juvenile Court judge in 1975. He was elected to Jefferson District Court in November 1977, where he served until his election to Jefferson Circuit Court in November 1983. He briefly returned to private practice in January 1990 as a partner in a law firm and then returned to the Circuit Court in 1993. In 1998, he served as chief judge of the Jefferson Circuit Court until he was elected to the Kentucky Court of Appeals in November 1998 to represent the 4th Appellate District. He came to the Supreme Court from the Kentucky Court of Appeals in 2006.<br /><br />In 1997, the Kentucky Academy of Trial Attorneys named Justice McAnulty the Henry V. Pennington Outstanding Judge of the Year and the Leadership Louisville Foundation presented him with its Thomas C. Simons Distinguished Leadership Award.<br /><xhtml:img xmlns:xhtml="http://www.w3.org/1999/xhtml" src="http://feeds.feedburner.com/~r/KentuckyLaw/~4/AM7lvHQfIF0" height="1" width="1" /></div></content>


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    <entry>
        <title>Weekly News Roundup - Jan. 31-Feb. 7, 2010</title>
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        <published>2010-02-07T21:57:54-05:00</published>
        <updated>2010-02-07T21:58:21-05:00</updated>
        <summary>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...</summary>
        <author>
            <name>Michael Stevens</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="News" />
        <category scheme="http://www.sixapart.com/ns/types#category" term="News - Weekly Wrap-up" />
        
        
<content type="xhtml" xml:lang="en-GB" xml:base="http://www.kentuckylawblog.com/"><div xmlns="http://www.w3.org/1999/xhtml"><p>Please click on the links for the entire and complete stories found at news sites and other blogs:</p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100207/NEWS01/2070329/" target="_blank" title="Site: courier-journal.com.com - Local News">U of L student dragged through legal system for crime she didn't commit</a></p></div>
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.<div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.law.louisville.edu/node/4498" target="_blank" title="Site: Latest News">The Value of a Diverse Judiciary is the Focus of Tuesday's Forum</a></p></div>
<p class="author">
By vmsmit06
 on Student
</p>
<p>Chief Justice John D. Minton Jr., Judge Denise Clayton, and Judge Joan A. “Toni” Stringer will speak at the next program in our <a href="http://www.law.louisville.edu/node/4312" target="_blank">Diversity Forum Series</a>
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.</p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100207/NEWS01/2070325/" target="_blank" title="Site: courier-journal.com.com - Local News">Police officer's court cases riddled with dismissals</a></p></div>
<p>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</p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://springston.blogspot.com/2010/02/sport-of-kings-king-saga-continues.html" target="_blank" title="Site: Louisville News and Politics">THE SPORT OF KINGS: KING SAGA CONTINUES from Louisville News and Politics</a></p></div><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100206/NEWS01/2060362/" target="_blank" title="Site: courier-journal.com.com - Local News">Nursing home bill now �on life support'</a></p></div>
<p>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.</p><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100205/NEWS01/2050369/" target="_blank" title="Site: courier-journal.com.com - Local News">Ex-teacher sentenced for sex crimes</a></p><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100205/NEWS01/2050356/" target="_blank" title="Site: courier-journal.com.com - Local News">Father pleads not guilty in child's death</a></p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100204/ZONE01/2040386/" target="_blank" title="Site: courier-journal.com.com - Local News">JBS plant's union targets lawyer for neighbors</a></p></div>
<p>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.</p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100204/ZONE01/2040386/" target="_blank" title="Site: courier-journal.com.com - Local News">JBS plant's union targets lawyer for neighbors</a></p></div>
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.<div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100204/NEWS01/2040360/" target="_blank" title="Site: courier-journal.com.com - Local News">Bill to ban texting while driving passes House</a></p></div>
<p>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.</p><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100204/NEWS01/2040356/" target="_blank" title="Site: courier-journal.com.com - Local News">Payday loan bill filed</a></p><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100204/NEWS01/2040352/" target="_blank" title="Site: courier-journal.com.com - Local News">Domestic violence bill prompts questions</a></p><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100204/NEWS01/2040340/" target="_blank" title="Site: courier-journal.com.com - Local News">Panel backs bill to help detect child abuse</a></p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100204/NEWS0106/2040347/" target="_blank" title="Site: courier-journal.com.com - Local News">Senator says office meeting was secretly videotaped</a></p></div>
<p>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.</p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100203/BUSINESS/2030382/" target="_blank" title="Site: courier-journal.com.com - Local News">Toyota probe deepens amid confusion over risk</a></p></div>
<p>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.</p><p>



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<a id="article-19247443-64" name="article-19247443-64"> </a>
<div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://springston.blogspot.com/2010/02/message-from-ed-leaders-versus.html" target="_blank" title="Site: Louisville News and Politics">A MESSAGE FROM ED: LEADERS VERSUS PRETENDERS IN POLITICS</a></p><p /></div><p /><xhtml:img xmlns:xhtml="http://www.w3.org/1999/xhtml" src="http://feeds.feedburner.com/~r/KentuckyLaw/~4/LQqD2qnqP18" height="1" width="1" /></div></content>


    <feedburner:origLink>http://www.kentuckylawblog.com/2010/02/weekly-news-roundup-jan-31feb-7-2010.html</feedburner:origLink></entry>
    <entry>
        <title>MEDICAL: Nursing home bill now 'on life support'</title>
        <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/KentuckyLaw/~3/Sr8T4OPj_W0/medical-nursing-home-bill-now-on-life-support.html" />
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        <id>tag:typepad.com,2003:post-6a00d834515cb869e2012877742f8a970c</id>
        <published>2010-02-07T21:19:46-05:00</published>
        <updated>2010-02-07T21:19:46-05:00</updated>
        <summary>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.</summary>
        <author>
            <name>Michael Stevens</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Medical " />
        
        
<content type="xhtml" xml:lang="en-GB" xml:base="http://www.kentuckylawblog.com/"><div xmlns="http://www.w3.org/1999/xhtml"><p>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.  </p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100206/NEWS01/2060362/" target="_blank" title="Site: courier-journal.com.com - Local News">Nursing home bill now �on life support'</a></p></div>
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.<xhtml:img xmlns:xhtml="http://www.w3.org/1999/xhtml" src="http://feeds.feedburner.com/~r/KentuckyLaw/~4/Sr8T4OPj_W0" height="1" width="1" /></div></content>


    <feedburner:origLink>http://www.kentuckylawblog.com/2010/02/medical-nursing-home-bill-now-on-life-support.html</feedburner:origLink></entry>
    <entry>
        <title>UofL Law: The Value of a Diverse Judiciary is the Focus of Tuesday's Forum</title>
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        <id>tag:typepad.com,2003:post-6a00d834515cb869e20120a871bb84970b</id>
        <published>2010-02-07T21:08:45-05:00</published>
        <updated>2010-02-07T21:08:45-05:00</updated>
        <summary>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.</summary>
        <author>
            <name>Michael Stevens</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Law Schools " />
        
        
<content type="xhtml" xml:lang="en-GB" xml:base="http://www.kentuckylawblog.com/"><div xmlns="http://www.w3.org/1999/xhtml"><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.law.louisville.edu/node/4498" target="_blank" title="Site: Latest News">The Value of a Diverse Judiciary is the Focus of Tuesday's Forum</a></p></div>
<p class="author">
By vmsmit06
 on Student
</p>
Chief Justice John D. Minton Jr., Judge Denise Clayton, and Judge Joan A. “Toni” Stringer will speak at the next program in our <a href="http://www.law.louisville.edu/node/4312" target="_blank">Diversity Forum Series</a>
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.<br /><ul>
<li>Why did it make a difference that these women were on the bench?</li>
<li>What were/are the obstacles for African American women on the Jefferson County bench?</li>
<li>What has changed during their tenure?</li>
<li>What lessons can they impart to students who aspire to a career on the bench?  </li>
</ul>
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. <br /><br />Lunch will be provided for all attendees, beginning at 11:30 AM outside of room 275. The program will begin at 12 noon.<xhtml:img xmlns:xhtml="http://www.w3.org/1999/xhtml" src="http://feeds.feedburner.com/~r/KentuckyLaw/~4/AEBctofvRy8" height="1" width="1" /></div></content>


    <feedburner:origLink>http://www.kentuckylawblog.com/2010/02/uofl-law-the-value-of-a-diverse-judiciary-is-the-focus-of-tuesdays-forum.html</feedburner:origLink></entry>
    <entry>
        <title>U of L student dragged through legal system for crime she didn't commit</title>
        <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/KentuckyLaw/~3/svmy3Aak4Ho/u-of-l-student-dragged-through-legal-system-for-crime-she-didnt-commit.html" />
        <link rel="replies" type="text/html" href="http://www.kentuckylawblog.com/2010/02/u-of-l-student-dragged-through-legal-system-for-crime-she-didnt-commit.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-6a00d834515cb869e20128777432d1970c</id>
        <published>2010-02-07T09:21:00-05:00</published>
        <updated>2010-02-07T21:43:03-05:00</updated>
        <summary>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</summary>
        <author>
            <name>Michael Stevens</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="News" />
        
        
<content type="xhtml" xml:lang="en-GB" xml:base="http://www.kentuckylawblog.com/"><div xmlns="http://www.w3.org/1999/xhtml"><p>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.</p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100207/NEWS01/2070329/" target="_blank" title="Site: courier-journal.com.com - Local News">U of L student dragged through legal system for crime she didn't commit</a></p></div><p>
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.</p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100207/NEWS01/2070319/" target="_blank" title="Site: courier-journal.com.com - Local News">Police missed clues in problematic court cases</a></p></div><p>
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.</p><div style="margin-right: 200px;"><p><a class="bl_itemtitle" href="http://www.courier-journal.com/article/20100207/NEWS01/2070325/" target="_blank" title="Site: courier-journal.com.com - Local News">Police officer's court cases riddled with dismissals</a></p></div>
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<xhtml:img xmlns:xhtml="http://www.w3.org/1999/xhtml" src="http://feeds.feedburner.com/~r/KentuckyLaw/~4/svmy3Aak4Ho" height="1" width="1" /></div></content>


    <feedburner:origLink>http://www.kentuckylawblog.com/2010/02/u-of-l-student-dragged-through-legal-system-for-crime-she-didnt-commit.html</feedburner:origLink></entry>
    <entry>
        <title>COURTS:  Lawreader post on judicial struggles elsewhere on adequate funding</title>
        <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/KentuckyLaw/~3/j0KKvdtwLxs/retired-judge-stan-billingsley-has-a-post-on-the-struggle-over-dollars-between-the-judiciary-and-the-legislature-as-state-cou.html" />
        <link rel="replies" type="text/html" href="http://www.kentuckylawblog.com/2010/02/retired-judge-stan-billingsley-has-a-post-on-the-struggle-over-dollars-between-the-judiciary-and-the-legislature-as-state-cou.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-6a00d834515cb869e201287766396c970c</id>
        <published>2010-02-05T11:02:00-05:00</published>
        <updated>2010-02-04T23:13:27-05:00</updated>
        <summary>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...</summary>
        <author>
            <name>Michael Stevens</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Alternate Dispute Resolution" />
        <category scheme="http://www.sixapart.com/ns/types#category" term="Courts" />
        
        
<content type="xhtml" xml:lang="en-GB" xml:base="http://www.kentuckylawblog.com/"><div xmlns="http://www.w3.org/1999/xhtml"><p><a href="http://kentuckylaw.typepad.com/.a/6a00d834515cb869e2012877664024970c-pi" style="float: left;"><img alt="Taj-mahal" class="asset asset-image at-xid-6a00d834515cb869e2012877664024970c " src="http://kentuckylaw.typepad.com/.a/6a00d834515cb869e2012877664024970c-320wi" style="margin: 11px; width: 172px; height: 142px;" title="Taj-mahal" /></a> 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?  
"<a href="http://en.wikipedia.org/wiki/John_Marshall" title="John Marshall">John Marshall</a> has made his decision, now let him enforce it!" Whether he said it is disputed.</p><p>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.</p><p>People living from paycheck to paycheck will cast a jaundiced eye at courthouses that rival the Taj Mahal in splendor.  </p><p>The heart of justice is in its administration, not it's abode.</p><p>In light of an <a href="http://www.kentucky.com/news/local/story/1117984.html">earlier story about the AOC in need of SEVENTY-SIX MILLION DOLLARS TO KEEP THE COURTS OPEN DAILY</a>, time will tell weather this financial storm will take its toll.</p><p>Kind of puts another jurisprudential spin on the "open courts" doctrine.</p><blockquote><p><a href="http://news.lawreader.com/?p=2995">CAN THE JUDICIARY MANDATE THAT THE EXECUTIVE BRANCH ADEQUATELY FUND THE COURT SYSTEM?</a><br /><br />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.</p><p>The judiciary in New York has threatened to do this, but never carried through with their threat.<br /><br />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.<br /><br />The Mississippi Supreme Court  last week issued such a ruling.</p><p>click on above heading for rest of Stan's post!</p></blockquote><xhtml:img xmlns:xhtml="http://www.w3.org/1999/xhtml" src="http://feeds.feedburner.com/~r/KentuckyLaw/~4/j0KKvdtwLxs" height="1" width="1" /></div></content>


    <feedburner:origLink>http://www.kentuckylawblog.com/2010/02/retired-judge-stan-billingsley-has-a-post-on-the-struggle-over-dollars-between-the-judiciary-and-the-legislature-as-state-cou.html</feedburner:origLink></entry>
    <entry>
        <title>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</title>
        <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/KentuckyLaw/~3/7PM96Iw-mrw/aoc-courthouse-construction-program-creating-financial-crisis-in-courts-76-million-increase-in-fundi.html" />
        <link rel="replies" type="text/html" href="http://www.kentuckylawblog.com/2010/02/aoc-courthouse-construction-program-creating-financial-crisis-in-courts-76-million-increase-in-fundi.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-6a00d834515cb869e20128776633c4970c</id>
        <published>2010-02-04T22:55:00-05:00</published>
        <updated>2010-02-04T22:58:04-05:00</updated>
        <summary>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...</summary>
        <author>
            <name>Michael Stevens</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="AOC" />
        
        
<content type="xhtml" xml:lang="en-GB" xml:base="http://www.kentuckylawblog.com/"><div xmlns="http://www.w3.org/1999/xhtml"><p><a href="http://kentuckylaw.typepad.com/.a/6a00d834515cb869e201287766361d970c-pi" style="float: left;"><img alt="Dollar_Sign" class="asset asset-image at-xid-6a00d834515cb869e201287766361d970c " src="http://kentuckylaw.typepad.com/.a/6a00d834515cb869e201287766361d970c-320wi" style="margin: 0px 5px 5px 0px;" /></a> Kentucky.com story on budget woes of AOC and financial strain created by courthouse construction initiative in the face of a weakening economy.   </p><blockquote><p><a href="http://www.kentucky.com/news/local/story/1117984.html">State struggles to pay for new courthouses</a><br />By Linda B. Blackford - lblackford@herald-leader.com<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.</p><p>"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. </p><p>Fleming County floated $11.5 million in bonds to build its new courthouse. </p><p>"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."</p><p>Shelby County also floated bonds for its new courthouse, $18.4 million worth.</p><p>"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."</p><p>click on heading above for remainder of story</p></blockquote><xhtml:img xmlns:xhtml="http://www.w3.org/1999/xhtml" src="http://feeds.feedburner.com/~r/KentuckyLaw/~4/7PM96Iw-mrw" height="1" width="1" /></div></content>


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    <entry>
        <title>NEWS: "Man hurt in recalled Camry continues recovery; retains counsel"</title>
        <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/KentuckyLaw/~3/5mRmbqp4Kwc/news-man-hurt-in-recalled-camry-continues-recovery-retains-counsel.html" />
        <link rel="replies" type="text/html" href="http://www.kentuckylawblog.com/2010/02/news-man-hurt-in-recalled-camry-continues-recovery-retains-counsel.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-6a00d834515cb869e20128775fb9ac970c</id>
        <published>2010-02-03T22:52:36-05:00</published>
        <updated>2010-02-03T23:09:40-05:00</updated>
        <summary>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...</summary>
        <author>
            <name>Michael Stevens</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="News" />
        
        
<content type="xhtml" xml:lang="en-GB" xml:base="http://www.kentuckylawblog.com/"><div xmlns="http://www.w3.org/1999/xhtml"><p>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:<br /> </p>
<blockquote><p><strong><a href="http://www.wave3.com/Global/story.asp?S=11923239">Man hurt in recalled Camry continues recovery; retains counsel</a></strong></p><div class="wnDS20 wnDSContainer-standard" id="WNDS20">
<em class="wnDate"><noscript /></em> <span />
</div><div class="wnRight" id="WNStoryRelatedBox" wncollapse="true">


</div><p>By Jon Chrisos – <a href="http://www.wave3.com/global/Story.asp?s=11850897">bio</a> | <a href="mailto:jchrisos@wave3.com">email</a>  <br />Posted by Charles Gazaway - <a href="mailto:cgazaway@wave3.com">email</a></p><p><img alt="Todd Allen's 2010 Camry (Source: Kevin Allen)" border="0" src="http://WAVE.images.worldnow.com/images/11923239_BG1.jpg" style="margin: 0pt 5px 5px 0pt; float: left; width: 272px; height: 202px;" title="Todd Allen's 2010 Camry (Source: Kevin Allen)" />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.</p><p>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.</p><p><a href="http://kentuckylaw.typepad.com/.a/6a00d834515cb869e20120a85d63ff970b-pi" style="float: left;"><img alt="Screen shot 2010-02-03 at 9.29.28 AM" class="asset asset-image at-xid-6a00d834515cb869e20120a85d63ff970b " src="http://kentuckylaw.typepad.com/.a/6a00d834515cb869e20120a85d63ff970b-320wi" style="margin: 0px 5px 5px 0px; width: 277px; height: 203px;" /></a><strong>Todd Greenwell from <a href="http://www.wave3.com/Global/story.asp?S=11923239">Isaacs and Isaacs</a></strong> 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.</p><p>"It's a long process," said Greenwell. "During the initial
investigation the experts will take a look at the physical workings of
the car."</p><p>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.</p><p>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.</p><div class="wnDSHeader"><h3><span>Featured Video at WAVE3<br />
</span></h3></div>
<p class="wnRole-CLIP">
<span class="wnVideoNoInput"> </span>
<a href="http://www.wave3.com/global/category.asp?c=151146&amp;clipId=&amp;topVideoCatNo=5728&amp;topVideoCatNoB=76863&amp;topVideoCatNoC=97701&amp;topVideoCatNoD=97702&amp;topVideoCatNoE=101703&amp;clipId=4510876&amp;autostart=true">Camry crash victim gets lawyer, continues recovery</a></p>
<p /></blockquote><p>For more information on vehicles affected by this recall:</p><ul>
<li><a href="http://www.courier-journal.com/apps/pbcs.dll/article?AID=20101270382">Toyotal recall affect you? Call your dealer</a> - story at Courier Journal</li>
<li><a href="http://www.courier-journal.com/article/20100126/BUSINESS/1260345">Toyota halts US sales of 8 recalled vehicle models</a></li>
</ul>
<br /><strong><span style="font-size: 13px;">The 8 recalled models</span></strong>
	<blockquote>Certain 2007-10 Camrys<br />2008-10 Sequoia<br />2009-10 Corolla<br />2007-10 Tundra<br />2009-10 RAV4<br />2005-10 Avalon<br />2010 Highlander<br />2009-10 Matrix</blockquote><p /><blockquote><p /><br /></blockquote>

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    <entry>
        <title>JEFFERSON COUNTY COURTS:  2009 Judicial Evaluation Results Available Now at LBA;  see links below</title>
        <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/KentuckyLaw/~3/erIseZdrZCo/jefferson-county-courts-2009-judicial-evaluation-results-available-now-at-lba-see-links-below.html" />
        <link rel="replies" type="text/html" href="http://www.kentuckylawblog.com/2010/02/jefferson-county-courts-2009-judicial-evaluation-results-available-now-at-lba-see-links-below.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-6a00d834515cb869e20128775faa69970c</id>
        <published>2010-02-03T22:36:18-05:00</published>
        <updated>2010-02-04T16:14:32-05:00</updated>
        <summary>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.</summary>
        <author>
            <name>Michael Stevens</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Bar Association" />
        <category scheme="http://www.sixapart.com/ns/types#category" term="Judiciary and Judges" />
        
        
<content type="xhtml" xml:lang="en-GB" xml:base="http://www.kentuckylawblog.com/"><div xmlns="http://www.w3.org/1999/xhtml"><strong><span size="2;" style="font-family: Verdana,Arial,Helvetica,sans-serif;">Judicial Evaluation Results</span></strong>
<p>



 
 <font face="Verdana, Arial, Helvetica, sans-serif" size="2">
 The results of the LBA's annual judicial evaluation of local sitting judges are now available for download. 
 </font></p><p>

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">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.</font></p>
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">To view the evaluation results, follow the links listed below:<br /><br />
<a href="http://www.loubar.org/download/JudicialReviewReport_09.pdf"><span style="text-decoration: underline;">Report of Findings</span></a><br /></font><p><span size="2;" style="font-family: Verdana,Arial,Helvetica,sans-serif;"><a href="http://www.loubar.org/download/Judicial%20ReviewComparative_09.pdf"><span style="text-decoration: underline;">Comparison of Judges Summary Report</span></a></span><span size="2;" style="font-family: Verdana,Arial,Helvetica,sans-serif;"><br /></span></p><p><font face="Verdana, Arial, Helvetica, sans-serif" size="2">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 <a href="mailto:svaldez@loubar.org"><span style="text-decoration: underline;">svaldez@loubar.org</span></a>.
</font></p><xhtml:img xmlns:xhtml="http://www.w3.org/1999/xhtml" src="http://feeds.feedburner.com/~r/KentuckyLaw/~4/erIseZdrZCo" height="1" width="1" /></div></content>


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