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JUDICIAL CONDUCT COMMISSION COMMONWEALTH OF KENTUCKY JUDICIAL CONDUCT COMMISSION IN RE THE MATTER OF HON. MARTIN F. McDONALD FORMER SENIOR STATUS SPECIAL JUDGE FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL ORDER I STATEMENT OF CHARGES The Judicial Conduct Commission of the Commonwealth of Kentucky was created for the purpose of, and is vested with the jurisdiction to, initiate, hear and decide charges of official misconduct by any judge of the Court of Justice or lawyer while a candidate for judicial office, and upon a finding of such official misconduct, to impose sanctions pursuant to SCR 4.020. In furtherance of this authority and purpose, the Commission filed charges of judicial misconduct against Judge Martin F. McDonald, Senior Status Special Judge, (now a Former Senior Status Special Judge), on May 10, 2013. (Notice of Formal Proceedings and Charges dated May 10, 2013 is attached hereto and incorporated herein by reference). II PROCEEDINGS 1. The Respondent, Martin F. McDonald is now a Former Senior Status Special Judge, and was, on May 10, 2013, a Senior Status Special Judge. 2. The Commission authorized an investigation into the allegations contained in Count I of the Charges after receipt of a complaint from Edward J. Flint, and into the allegations contained in Count II of the Charges after receipt of newspaper articles pertaining thereto. 3. Judge McDonald was informed of the investigation and his counsel, Hon. Timothy Dennison, appeared before the Commission on March 29, 2013. Judge McDonald was then provided the factual information in the custody of the Commission for examination, pursuant to SCR 4.170(4) and was afforded an opportunity to present any other information bearing on the investigation. Judge McDonald requested to again appear before the Commission on May 10, 2013, but then informed the Commission that he would not attend the conference. Judge McDonald provided no additional information bearing on the Commission's investigation. 4. Notice of Formal Proceedings and Charges were filed against Judge Martin F. McDonald on May 10, 2013 under Supreme Court Rule 4.180. 5. A Notice of Hearing on Temporary Suspension was served on Judge McDonald on May 13, 2013, pursuant to SCR 4.020(1)(a)(ii), informing Judge McDonald that a hearing on his temporary suspension was scheduled for June 4, 2013. 6. The Commission's counsel submitted a Memo in Support of the Temporary Suspension on May 20, 2013, and Judge McDonald, by counsel, filed a Memo Regarding Hearing on Temporary Suspension on June 3, 2013. 7. Judge Martin F. McDonald filed his Answer to the Formal Charges by counsel on June 3, 2013. On June 4, 2013, Judge McDonald, by counsel, filed an Amended Answer and an Amended Memo on Temporary Suspension Hearing. 8. On June 4, 2013, following a hearing at which Judge McDonald and his counsel did not appear, the Commission voted to temporarily suspend Judge McDonald from acting in his official capacity as a Judge and from the performance of his duties, without affecting his pay status, until final adjudication of the pending proceedings. 9. Judge McDonald was provided a Notice of Hearing on June 18, 2013 setting the matter for formal hearing on August 7, 2013, at which time neither Judge McDonald nor his counsel appeared. 10. The six (6) voting members of the Commission in this case are as follows: Hon. Stephen D. Wolnitzek, Judge Janet Stumbo, Judge Eddy Coleman, Judge Susan Johnson, Diane E. Logsdon and Joyce King Jennings. Pursuant to SCR 4.220, the Commission proceeded with the hearing as required by said Rule, even though neither Judge McDonald or his counsel appeared. III FINDINGS OF FACT AND CONCLUSIONS OF LAW The Judicial Conduct Commission unanimously concludes that the following Findings of Fact and Conclusions of Law have been established by clear and convincing evidence. CHARGE COUNT I 30 In the case of Coach House, Inc. vs. Edward H. Flint, Jefferson Circuit Court Case No. 12-CI-03106, during a hearing on August 3, 2012, Judge Martin F. McDonald refused to allow a pro se defendant to present any argument because he was not a lawyer, and summarily entered an injunction against Mr. Flint, and awarded attorneys' fees; and on August 8, 2012, pursuant to Judge McDonald's ruling on August 3, 2012, Judgment was entered for attorneys' fees and costs in the amount of $11, 579.20. By a vote of 6-0, the Commission finds with respect to Count I of the Charges that Judge McDonald violated SCR 4.020(1)(b)(i) and (v) in that his actions constituted misconduct in office, and violated SCR 4.300, the Code of Judicial Conduct. In particular, by the above conduct, Judge McDonald engaged in misconduct in office, failed to observe high standards of conduct in violation of Canon 1, failed to respect and comply with the law and to act in a manner that promotes public confidence in the integrity and impartiality of the Judiciary in violation B&B; • 11.13