Bench & Bar

SEP 2014

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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After nomination by the KBA Board of G overnors, Kentucky Public Advocate E d Monahan has been elected to the ABA Government and Public Sector Lawyers Divi- s ion a s a state bar representative. The divi- sion serves public lawyers by offering pro- grams, publications, and online resources s pecifically for government, public sector & military lawyers, as well as interested law students. Also, ABA President William C. Hubbard has appointed Monahan as a member of the ABA Death Penalty Due Process Review Project. The project conducts research and educates the public and decision-makers on the operation of capital jurisdictions' death penalty laws and processes in order to promote fairness and accuracy in the death penalty system. The project encourages adoption of the ABA's Pro- tocols on the Fair Administration of the Death Penalty; assists state, federal, international, and foreign stakeholders on death penalty is- sues; and collaborates with other individuals and organizations to develop new initiatives to support reform of death penalty process- es. In 2011, the American Bar Association Kentucky Assessment Team on the Death Penalty issued a 438-page audit which reviewed all death penalty cases prosecuted in Kentucky. The independent au- dit uncovered major deficiencies in the way the death penalty has been implemented in Kentucky since 1976. The audit evaluated Kentucky procedures and practices against national ABA capital benchmark protocols. The audit makes a series of critically impor- tant findings and recommendations to address the problems identi- fied with the way the death penalty is administered in our state. The report focuses on fairness and accuracy in capital cases; it took no position with regard to whether or not the death penalty should be abolished, and was only concerned with its proper administra- tion. The Kentucky Assessment Team co-chairs were Linda Ewald , formerly University of Louisville Louis D. Brandeis School of Law, and Michael J.Z. Mannheimer of the Northern Kentucky University Salmon P. Chase College of Law. Additional members were Michael Bowling , former state representative and an attorney with in Middlesboro; Allison Connelly of the University of Kentucky Col- lege of Law; former Supreme Court Justice Martin E. Johnstone of Prospect; former Supreme Court Justice James Keller of Lexing- ton; Frank Hampton Moore Jr. , an attorney with Cole & Moore in Bowling Green; and Marcia Milby Ridings , an attorney with Hamm, Milby & Ridings in London. 34 B&B; • 9.14 DPA/AAC David F. Latherow of Ashland, at left, was recognized for his service to the KBA's Attorneys' Advertising Commission (AAC) from 2008-14 and as AAC Chair from 2011-14 during the AAC's June 13 annual meeting. Making the presentation was Jay R. Garrett , chief deputy bar counsel, at right. Outgoing AAC Commission member Blaine Lewis of Louisville was also honored for his service during the meeting, but was unable to attend. The AAC receives and reviews lawyer advertising pur- suant to the Supreme Court Rules. 50 East RiverCenter Blvd Suite 820 Covington, KY 41011 P. 513.322.1900 C. 859.468.8991 E. bdusing@bgdlaw.com BENJAMIN G. DUSING MANAGING PARTNER During the KBA Board of Governors' July meeting, Jay R. Garrett , chief deputy bar counsel, at right, presented outgoing Attor- neys' Advertising Commission member, Melinda Gillum Dalton of Somerset, with a plaque recognizing her service to the KBA's Attorneys' Advertising Commission from 2010-2014.

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