The only Ky. case discussing “friendship” as the basis for sanctions.

Wilson v. Judicial Retirement an Removal Commission , 673 S.W.2d 426 (Ky. 07/05/1984)

“Appellant contends that all district judges are inevitably called upon to act in cases which may involve, to some extent, a personal friend and that disqualification in all such cases would seriously diminish the capacity of any judge to perform the duties of his office.

We note that the finding of guilt by the commission was not based upon the element of friendship alone – but upon the conclusion of the commission that appellant intentionally and wrongfully misused the power of his office to commit acts specifically designed to aid and benefit a close personal friend.”

Wilson requires the following elements:

  1. intentional and wrongful misuse of the power of the office

 2. and commission of acts specifically designed to aid and benefit a close personal friend

       In Wilson the court did not rely on “the appearance of impropriety” as they required an actual wrongful misuse of power to occur, and the intention had to be designed to aid the close personal friend. 

 A collateral benefit to a friend arising our of acts which were not a misuse of the judicial office would not justify sanctions under the Wilson case.

      In the Bamberger case, the parties came to him with an agreed settlement, Bamberger approved the settlement.  The attorneys who hired the trial consultant paid the trial consultant out of their fees.  The court did not approve a fee to the trial consultant.

We do not believe the approval of an agreed settlement is an abuse of power or misuse of the judicial office.   

The Commission has concluded in the Bamberger case that since the trial consultant was a friend of Bamberger, and since the trial consultant got paid by the attorneys, that Bamberger misused his office to compensate his friend.

The bottom line is that the Commission was “shocked” at the fee the attorneys paid the trial consultant.  They had no jurisdiction over the trial consultant who is not a judge ...so they whacked Bamberger .

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