Corporate Affiliate Conflicts of Interest - Louisville Bar Association

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Notice of Nomination and Election of LBA Officers It’s time to nominate and elect officers of the Louisville Bar Association for 2011. Offices to be filled: • President-Elect • Vice President/Treasurer • Secretary Nominations: • Nominations for these offices are made by written petition signed by not less than ten (10) active LBA members; • Nominations for multiple offices can be made on a single petition; • All petitions must be filed with the Secretary by November 1, 2010. Send petitions to: Bradley R. Hume c/o the LBA 600 W. Main St., Ste. 110 Louisville, KY 40202–4917 For more information and petition forms, contact the LBA Executive Director Scott Furkin by calling (502) 583-5314. • Justice Noble Named Deputy Chief Justice Chief Justice John D. M i n to n h a s named Justice Mary C. Noble deputy chief justice of the Supreme Court of Kentucky. Justice Noble, who was elected to the high court in 2006 after 15 years as a Fayette circuit court judge, represents the 5th Appellate District. She chairs the court’s Civil Rules Committee and recently coordinated an effort to draft proposed uniform rules for Family Courts around the state. The deputy chief justice fills in when the chief justice recuses in a case or an administrative matter. Justice Noble succeeds Justice Will T. Scott of the 7th Appellate District who had served as deputy chief justice since 2006. “Justice Noble is an effective leader and a skilled jurist who has earned the trust and respect of her colleagues on the court,” said Chief Justice Minton. • Chief Justice Addresses Joint Judiciary Committee Chief Justice John D. Minton Jr. discussed the state of the Kentucky Court of Justice before a joint meeting of the General Assembly’s judiciary committees on September 8. Not surprisingly, he focused on the challenge of operating a statewide court system on a limited budget which he said “continues to monopolize the conversation within the judicial branch.” Noting that Kentucky courts operate almost exclusively on appropriations approved by the General Assembly, Minton told legislators that “For our unified court system to operate effectively, the single appropriation from the General Assembly must always be adequate to fund the courts.” He pointed out that several positions and programs were eliminated to trim $6.8 million from the judicial branch’s current operating budget. He added that additional cuts are anticipated next year. Minton also told legislators that the judicial branch is redoubling its efforts to find efficiencies in court processes and expand the use of technology. “We want to develop an integrated statewide case management system that includes e-filing, e-records, video arraignment, video conferencing and a fully automated payable process,” he stated. “We also hope to join other court systems in making documents and court statistics easily accessible online.” The remainder of Minton’s remarks were centered around court programs and services “that make the judicial branch the bargain it is in state government.” He specifically mentioned drug courts, pretrial services, truancy diversion and citizen foster care review boards. This is the third time Minton has testified before the Interim Joint Committee on the Judiciary since becoming chief justice in 2008. • For the full text of Chief Justice Minton’s remarks, see http://courts.ky.gov/NR/rdonlyres/94CD1749-3E79-466C-84F8-C6731C77AEDF/0/ ChiefjusticeremarkstoInterimJudiciaryCommittee982010.pdf 4 Louisville Bar Briefs Going to court. Getting a divorce. Creating a buy/sell agreement. The bigger the consequences, the more you need DMLO. Our certified business valuation team members are experts at assessing financial realities. And, our litigation support specialists are skilled in providing expert strategy, evidence and testimony and presenting it clearly in court. It all adds up to confidence. DEMING MALONE LIVESAY&OSTROFF CERTIFIED PUBLIC ACCOUNTANTS 9300 Shelbyville Road, Suite 1100 · Louisville, KY 40222 Phone 502.426.9660 · Fax 502.425.0883 · www.DMLO.com Bar Members to Rate Local Judiciary The LBA’s annual judicial evaluation of local sitting judges is set to begin in the coming weeks. This year’s evaluation will include judges of the Jefferson Circuit and Family Courts including any Senior Status judges currently sitting in those courts. Each member of the Kentucky Bar Association residing and/or working in Jefferson County, Kentucky will receive an invitation letter and postcard by postal carrier. Those members who qualify under the evaluation guidelines will be asked to return the completed postcard to the LBA’s project vendor, Thoroughbred Research Submission deadline reminders will be posted to the LBA’s website (www.loubar.org) as reference for all Judicial Evaluation participants. Group, on or before the printed deadline. Those members who return the postcard by the deadline will then receive an evaluation booklet in the mail that should be completed and returned per the evaluation guidelines. Any attorney who qualifies under the stated guidelines but has not received an invitation in past years should contact the LBA by calling (502) 583-5314 or e-mail svaldez@loubar.org to verify your contact information. 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 highest quality of justice delivered throughout Jefferson County. Attorneys have a professional obligation to improve the operation of the justice system. All attorneys having the requisite professional contact with one or more of these judges should participate in this evaluation. • www. loubar.org
Book Review Secrets of the Kentucky Supreme Court D. Scott Furkin After 31 years in the judiciary, the last 24 as a member of the state’s highest court, retired Justice Donald C. Wintersheimer knows as much as anyone about Kentucky law and the personalities who shaped it over the last three decades. He shares much—but not too much—of what he learned in a new memoir, Secrets of the Kentucky Supreme Court (Adams Avenue Books), self-published earlier this year. In keeping with the character of Justice Wintersheimer— highly regarded for his integrity, gentility and discretion— there are no insider accounts of dialectical dustups between his colleagues or ribald revelations about their personal peccadillos. He surely could have written of these, but then the book would have to be entitled Dirty Secrets of the Kentucky Supreme Court. Perhaps the closest Justice Wintersheimer comes to expose´ is his retelling of an incident that occurred in 1994 when the Supreme Court traveled to northern Kentucky for oral arguments at the Chase College of Law. After one argument, a Catholic nun who had been in the audience approached him and mentioned that she thought several of the justices behaved rudely by frequently talking amongst themselves while the lawyers were addressing the court. “This little episode highlights one of my pet peeves with some of my colleagues, most of whom were on the left side of the bench as you faced it,” he writes. “Talking among members of the court during argument is just that—rude.” True to form, Justice Wintersheimer doesn’t name names, but court-watchers familiar with the court’s makeup at that time can deduce the offenders’ identities. The largest portion of the book is devoted to Justice Wintersheimer’s reflections on the many published opinions he authored during his long career on the high bench. Summarized are nearly 700 cases decided by the Supreme Court between 1983–2006 in which he either wrote a majority, concurring or dissenting opinion. Because a number of the most significant decisions rendered by the court during that time are referenced, it is compelling, albeit somewhat tedious, reading for anyone interested in the development of modern Kentucky case law. The book gives a glimpse of behind-the-scenes judicial operations—things like how case assignments are made, how preliminary decisions are reached in conference room discussions immediately following oral arguments and how final votes are tallied after draft opinions have been circulated amongst the justices. “The daily activities of the Court are not well known because in some ways the Court does operate out of the public spotlight,” notes Justice Wintersheimer. “Certainly most of our work occurs in the reading, research and writing in our own chambers or offices.” There are also some interesting insights into the court’s processes. For example, Justice Wintersheimer points out that only about 15 percent of all discretionary review motions filed in the Supreme Court are granted with the remaining 85 percent being denied. He goes on to observe that “once a case is granted review, the percentages are almost reversed in that 85 percent of the grants ultimately result in reversal, and only 15 percent of the original decisions are affirmed.” The most enjoyable parts of the book are those that reveal something of the personalities of the jurists with whom Justice Wintersheimer served over the years. There are several references to the late Justice Charles M. Leibson, with whom he enjoyed a cordial relationship despite the fact that they frequently clashed over legal and constitutional issues. Justice Wintersheimer writes that he once suffered mysterious pains which led to his being hospitalized in Frankfort for several days while the court was in session. “Other than my wife and daughter, the only visitor I had was Justice Leibson,” he recalls. Anyone enticed by the title to expect a “tell all” tome will be disappointed by this book. However, those interested in what the state’s highest court was up to as a new millennium dawned will find it a worthwhile read. As Justice Wintersheimer aptly notes in the conclusion: “(A)lthough there is some mystery surrounding the Kentucky Supreme Court, the real secret is that there is just a lot of hard work.” D. Scott Furkin is the Executive Director of the Louisville Bar Association. • www. loubar.org October 2010 5
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Corporate Affiliate Conflicts of Interest - Louisville Bar Association

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