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.
Issue link: https://kentuckybenchandbar.epubxp.com/i/213936
COUNT II In the case of Commonwealth v. Roger Dale Epperson, Warren Circuit Court Case Number 97-CR-00016, on September 28, 2012, in a hearing regarding Epperson's request for relief from a death-sentence conviction you engaged in the following conduct. You addressed the attorney for the defendant in an intemperate voice and, among other comments, you stated "if you ever call me on my cell phone again, I'll strangle you," and that you would try to get the attorney's law license "yanked" if he did it again. When the attorney attempted to explain that he had consent of opposing counsel to make the call, you stated "negative" and "be quiet". In directing the bailiff to bring the defendant from the holding cell into court, you stated "Bring his carcass out here." After hearing from only one witness, you stated "This has been a huge waste of time" and that the Department of Public Advocacy (DPA) attorney's allegations "have bordered on the ridiculous." You also stated that the DPA was "making a mountain out of a molehill." You also stated that the nature of ineffective counsel motions in general "is distasteful to the court. The lawyers who do the work at trial now get criticized by backseat drivers who weren't there and who didn't try the case." You also stated to the DPA attorney "You've never been in the heat of battle in one of these cases, and now you're criticizing lawyers that actually are real lawyers that do the work, the dirty work, the down-in-the-trenches work." Your conduct at the hearing in question generated negative coverage in the Courier-Journal and other media outlets and brought the Kentucky judiciary into disrepute. 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) and (5), which read in pertinent part as set out above. 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, dignified and courteous to a litigant and the litigant's lawyer in violation of Canon 3B(4); and manifested bias and prejudice against attorneys of the DPA and claims of ineffective assistance of counsel in violation of Canon 3B(5). For your information, the Commission wishes to call your attention to the following Supreme Court Rule: RULE 4.180 FORMAL PROCEEDINGS If the Commission concludes that formal proceedings should be initiated, it shall notify the judge. He may file an answer within 15 days after service of the notice. Upon the filing of his answer, or the expiration of time for so filing, the Commission shall set a time and place for the hearing and shall give reasonable notice thereof to the judge. Please mail your answer to: Ms. Jimmy A. Shaffer, Executive Secretary, Judicial Conduct Commission, P.O. Box 22208, Louisville, Kentucky 40252-0208. Date: May 10, 2013 __________________/s/______________________ STEPHEN D. WOLNITZEK, CHAIR I hereby certify that copy hereof was served on Martin F. McDonald, Senior Status Special Judge, by mailing same to his attorney, Timothy Denison, Suite 320, Republic Plaza, 200 S. Seventh Street, Louisville, Kentucky 40202 on the 13th day of May, 2013. __________________/s/______________________ Ms. Jimmy A. Shaffer, Executive Secretary 33 Judge David Bowles recused from any consideration of this matter. B&B; • 11.13