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
Q You have been active in lobbying the Kentucky General Assembly for more resources for the court system. Going forward, what should be the goals for the courts in future legislative sessions? A There has been a nationwide trend where the legisla- tive bodies fail to adequately fund the courts. Courts must continue reminding legislators that there are three branches of government, executive, legislative and judicial, all equally important. Q In particular, could you address the issue of judicial salaries, which have not been increased in eight years? A I am concerned about judges' salaries having been stagnant over the last several years. This is true for both federal and state judges. Nationwide, many qualified judges have left the bench so they can properly support their families. In order to ensure adequate quality of justice, we must have good judges. They must be adequately com- pensated. Q Are you confident that the needs of the court system – and the indispensable function of the courts in soci- e ty – are being adequately communicated to the legislature in the competition for a fair share of the state budget? A I am now. One of the most important things that the Kentucky Bar Association has done is to work with Chief Justice Minton in seeing that individual legislators are contacted by constituent lawyers and judges about the fis- cal needs of the judiciary. The Board of Governors intends to keep the Legislative Outreach Program functioning. Q How well is the profession doing in Kentucky in meet- ing the need for legal services, particularly in rural Kentucky, and among historically underserved segments of the population? A We need to do more. Legal proceedings are expen- sive and above the financial reach of some people. Lawyers need to undertake more pro bono services. At the same time, we need to encourage the legislature to ade- quately fund legal services entities. We also need to en- courage young lawyers to consider rural areas for practice. Q In particular, could you address how well the profes- sion is serving the criminally accused and non-English speaking population? A I have had a concern for a long time about legal serv- ices to indigent citizens accused of crimes. The Ken- tucky Department of Public Advocacy does a wonderful job with inadequate resources. I worry about the caseload the public defenders are carrying. Can they adequately repre- sent the accused when they have so many cases assigned to them? The funding of conflict counsel is a continuing problem. Here again it is a matter of money appropriated by the legislature. The need for interpreters has added to the problem. They have to be located and paid for their service. The bar association has a committee working to se- cure adequate funding for the conflict counsel problem. We have not been able to accomplish the result we want as of this date. Q Law school enrollment is down. The pressures are fa- miliar to us – the high debt load many young lawyers carry out of law school and the tight job market, among oth- ers. Are you concerned that the profession might be less at- tractive to the brightest of our young people? Is the organized bar addressing this concern? A There have always been periods of distractions when law school enrollments fall. Computer technology seems to be the chosen area today. Further, professions have a way of regulating themselves as to the number nec- essary to fulfill the purpose of the profession. Further, I be- lieve we have just gone through a period where law students focused more on large salaries upon graduation than upon serving the public. Salaries are down. I believe professionalism will be up. Q A follow-up: Are the graduates of our Kentucky law schools up to the professional challenges when they become lawyers? 6 B&B; • 9.14 F E AT U R E : T O R T S Q & A WITH KBA PRESIDENT WILLIAM E. JOHNSON By: James P. Dady William E. Johnson became presi- dent of the Kentucky Bar Associa- tion in July. • Johnson has prac- ticed in the fields of civil, criminal, and administrative law for 57 years. • He has earned a passel of honors and distinctions in his long, illustrious career. He has won the War Horse Award from the Southern Trial Lawyers Associ- ation and continuous recognition as one of the Best Lawyers in America for the past 30 years. • Johnson received the Chief Jus- tice's Special Service Award this year in recognition, in part, for his determined advocacy for the judi- cial system with the Kentucky General Assembly. In 2012, the legislature recognized Johnson for his professional accomplishments. • He has practiced in courts far and wide, lectured often, and published extensively on the subject of trial practice. • Johnson has won the Hall of Fame award from the University of Kentucky College of Law, the achievement award from the National Alumni Association of Eastern Kentucky Universi- ty, and had been made a member of the Wall of Fame at Pendle- ton County High School. • He practices with the firm of Johnson Newcomb, LLP, on Main Street in Frankfort. The Bench & Bar invited Johnson to address the concerns of the courts and the practicing bar, and his responses follow.