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/382597
In June, members of Kentucky's legal com- munity mourned the loss of one of its most distinguished members, retired Justice James E. Keller. Justice Keller practiced in Lexington and served on the Fayette County Circuit Court before his ap- pointment to the Kentucky Supreme Court, but his roots were in the mountains of East- ern Kentucky where he grew up. Justice Keller was respected and admired for his intellect and integrity, but most of all for his love of the law and the way he cared about all of those involved in the legal process – lawyers, clients, jurors and court officials alike. The preamble of Kentucky's Rules of Professional Conduct describes the various roles of lawyers, including that of a "public citizen." As a public citizen, a lawyer should seek "improvement of the law, access to the legal system, the admin- istration of justice and the quality of service rendered by the legal profession … In addi- tion, a lawyer should further the public's un- derstanding of and confidence in the rule of law and the justice system [and] should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers can- not afford or secure adequate legal coun- sel." These goals are aspirational in nature, but for Justice Keller they represented guiding principles by which he lived his professional life. Early in his career, Justice Keller chaired the board of the Fayette County Legal Aid, which provided representation to indigent criminal defendants. He served on numer- ous task forces covering a broad range of subjects, including criminal justice, the funding and delivery of public defender services, court reform, mental health pro- ceedings, domestic violence and child abuse. As a circuit court judge, he instituted a case management system in felony drug cases and co-founded the Fayette Drug Court, a model that has been adopted in many other jurisdictions. He was a leader in the family court movement and was a high- ly regarded expert in family law, co-author- ing a comprehensive treatise on Kentucky law and developing a number of hand- books for use by judges and lawyers prac- ticing in the field. While on the circuit bench, Justice Keller advocated for the adoption of rules to improve the handling of family law cases, developed time-sharing guidelines for custody cases, established a support program for jurors and chaired the Child Support Guideline Review Commis- sion. He was especially concerned about the impact of divorce upon children. He co- founded Kids' Time, a clinic to help ele- mentary school children deal with divorce and the Parents Education Clinic to counsel divorcing parents. Believing that some dis- putes were better resolved outside the courtroom, he introduced mediation into contested custody proceeding and co- founded the Mediation Center of Kentucky. Justice Keller also recognized the impor- tance of public education about the law and was founder and chair of the Fayette County Law Day. Justice Keller was an inno- vator, reformer, and crusader, always work- ing to improve the way the legal system worked for ordinary people. After Justice Keller "retired" from the Supreme Court, he returned to private practice and the continuation of his life as a "public citizen" lawyer. In 2009, Justice Keller agreed to serve on the ABA Ken- tucky Death Penalty Assessment Team. The focus of the project was to evaluate the fair- ness and accuracy of the administration of the death penalty in Kentucky, and to make appropriate recommendations for improve- ment. Justice Keller brought his vast knowl- edge of Kentucky law and experience as both a trial judge and appellate judge to this two-year deliberative process. In addi- tion, he shared his practical and political wisdom, as well as his compassion for peo- ple and his commitment to justice and fair- ness. And he always had a story! Not just any story, but ones that reminded the team of the importance of the project and the impact of it would have on the lives of real people. After the assessment team's report was released, he worked to make the pub- lic aware of the concerns raised by the re- port and served as a resource to help mem- bers of the judicial, legislative and execu- tive branches better understand critical is- sues addressed in the report. Though he was not the chair of the Kentucky Assess- ment Team, he was the team's leader. As with many of the other projects and initia- tives he undertook over the course of his life, he remained committed throughout the long and arduous drafting process, kept people engaged, and never lost sight of the ultimate goal of making the legal sys- tem work fairly, accurately and more effi- ciently for all. Justice James E. Keller was a true "public citizen." He will be remembered fondly by all whose lives he touched directly. His ded- ication and commitment to improving the administration of justice will have a lasting impact on Kentuckians throughout the Commonwealth. The Kentucky Death Penalty Assessment Team Linda Sorenson Ewald , Co-Chair Michael J. Zydney Mannheimer, Co-Chair Michael D. Bowling Allison Connelly Justice (ret.) Martin E. Johnstone Frank Hampton Moore Jr. Marcia Milby Ridings 5 B&B; • 9.14 L E T T E R T O T H E E D I T O R JUSTICE JAMES E. 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