Bench & Bar

MAY 2013

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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CERTIFICATION OF CANVASSING BOARD FOR BAR MEMBERS SPECIAL ELECTIONS FOR THE 18TH JUDICIAL CIRCUIT AND 31ST JUDICIAL CIRCUIT NOMINATING COMMISSIONS Dear Chief Justice Minton and Mr. Meyers: Pursuant to the provisions of Section 118 of the Kentucky Constitution and SCR 7.040(6), a duly appointed canvassing board, on March 8, 2013, met in the Office of the Executive Director of the Kentucky Bar Association, and tabulated ballots for the special election as reflected above. Pursuant to the provisions of SCR 7.030(11), the following candidates for the designated commission received the indicated number of votes. 18TH JUDICIAL CIRCUIT C. Donald Wells, 217 W. Shelby St., Falmouth, KY ......................................4 31ST JUDICIAL CIRCUIT Robert Allen Rowe, Jr., PRIVATE REPRIMAND COMMONWEALTH OF KENTUCKY JUDICIAL CONDUCT COMMISSION The Commission issues this private reprimand to a judge for violation of SCR 4.300, the Code of Judicial Conduct. The Commission received information during an informal investigation that in a confidential juvenile matter pending before the judge, the judge contacted a third party not involved in the case about a matter related to the case. Canon 3(B)(7) prohibits ex parte communications, except under limited circumstances, which are not applicable here. The Commentary to Canon 3(B)(7) notes that the proscription extends to communications from lawyers and other persons who are not participants in the proceedings. The Commentary also indicates that a judge must consider only the evidence presented. In issuing this private reprimand, the Commission duly considered that there was no evidence of a pattern of such conduct and that the judge fully cooperated in the investigation. /s/ Stephen D. Wolnitzek, Chair 1507 US 23 N, Prestonsburg, KY....................................11 Certified as true and correct Election Results Pursuant to SCR 7.030(11), this 8th day of March 2013. /s/ Karen Cobb, Chairman TERMS EXPIRE ON THE KBA BOARD OF GOVERNORS 1st.................Jonathan Freed 2nd ..........Thomas N. Kerrick The current terms of the following Board members will expire on June 30, 2014: 3rd.................M. Gail Wilson 4th.......Douglas C. Ballantine 5th ...............Anita M. Britton 6th ...............David V. Kramer 7th.....................Bobby Rowe 53 On June 30 of each year, terms expire for seven (7) of the fourteen (14) Bar Governors on the KBA Board of Governors. SCR 3.080 provides that notice of the expiration of the terms of the Bar Governors shall be carried in the Bench & Bar. SCR 3.080 also provides that a Board member may serve three consecutive two-year terms. Requirements for being nominated to run for the Board of Governors are contained in Section 4 of the KBA By-Laws and the requirements include filing a written petition signed by not less than twenty (20) KBA members in good standing who are residents of the candidate's Supreme Court District. Board policy provides that "No member of the Board of Governors or Inquiry Commission, nor their respective firms, shall represent an attorney in a disciplinary matter." In addition any member of the Bar who is considering seeking or plans to seek election to the Board of Governors or to a position as an Officer of the KBA will, if elected, be required to sign a limited waiver of confidentiality regarding any private discipline he or she may have received. Any such petition must be received by the KBA Executive Director at the Kentucky Bar Center in Frankfort prior to close of business on the last business day in October. B&B; • 05.13

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