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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JUDICIAL CONDUCT COMMISSION COMMONWEALTH OF KENTUCKY JUDICIAL CONDUCT COMMISSION IN RE THE MATTER OF MARTIN F. McDONALD SENIOR STATUS SPECIAL JUDGE NOTICE OF FORMAL PROCEEDINGS AND CHARGES Notice is hereby given of the initiation of formal proceedings under Rule 4.180 of the Rules of the Supreme Court. At the times set out in this Notice, you were Senior Status Special Judge in Kentucky's Court of Justice. The charges are as follows. COUNT I In the case of Coachhouse Inc. v. Edward H. Flint, Jefferson Circuit Court Case Number 12-CI-03106, during a hearing on August 3, 2012, you refused to allow a pro se defendant to present any argument because he was not a lawyer and summarily entered an injunction against him and awarded attorney fees; and on August 8, 2012, pursuant to your ruling on August 3, 2012, judgment was entered for attorney fees and costs in the amount of $11,579.20. In regard to the above matter, you violated SCR 4.020(1)(b)(i) and (v) in that your actions constituted misconduct in office and violated SCR 4.300, the Code of Judicial Conduct, Canons 1, 2A and 3A and B(2), (4), (5), (7) and (8) which read in pertinent part as follows: CANON 1: A JUDGE SHALL UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY An independent and honorable judiciary is indispensable to justice in our society. A judge should actively participate in establishing, maintaining and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. The provisions of this Code are to be construed and applied to further that objective. CANON 2: A JUDGE SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL OF THE JUDGE'S ACTIVITIES A. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. CANON 3: A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY A. Judicial Duties in General. The judicial duties of a judge take precedence over all the judge's other activities. The judge's judicial duties include all the duties of the judge's office prescribed by law. In the performance of these duties, the following standards apply. B. Adjudicative Responsibilities. (2) A judge shall be faithful to the law and maintain professional competence in it. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. (4) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials and others subject to the judge's direction and control. (5) A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and in proceedings before the judge, shall not permit staff, court officials and others subject to the judge's direction and control to do so. (7) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. With regard to a pending or impending proceeding, a judge shall not initiate, permit, or consider ex parte communications with attorneys and shall not initiate, encourage or consider ex parte communications with parties... (8) A judge shall dispose of all judicial matters promptly, efficiently and fairly. 32 In particular, by the above conduct, you 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 of Canon 2A; were not faithful to the law in violation of Canon 3A and B(2); were not patient and courteous to a litigant in violation of Canon 3B(4); manifested bias and prejudice against a pro se litigant in violation of Canon 3B(5); failed to accord to a person who had a legal interest in the proceeding the right to be heard according to law in violation of Canon 3B(7); and failed to dispose of judicial matters fairly in violation of Canon 3B(8). B&B; • 11.13