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LawReader News[ view all news on our blog ]Nick Nighswander ? May Police Rely on Exigent Circumstances to Make a Warrantless Search?[May 17th, 2012]MAY POLICE RELY ON EXIGENT CIRCUMSTANCES TO MAKE A WARRANTLESS SEARCH? BY HON. NICK NIGHSWANDER In 2011 the United States Supreme Court reversed the Kentucky Supreme Court in the case of Kentucky v. King, 131 S. Ct. 1849 (2011), rev’g King v. Commonwealth, 302 S.W.3d 649 (Ky. 2010), which was the subject of [...]
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The KBA Bar Counsel?s Office Seeks Punishment of Deters on allegation he is seeking the Overthrow of the Government! We have found no rule that makes the KBA the regulator of our political thought and speech.[May 17th, 2012] By LawReader Senior Editor Stan Billingsley The Bar Counsel?s office, actually accused Eric Deters for calling for the ?overthrow of our government?. Deters went on radio on Monday and Tuesday (May 14,15) to defend himself against the actions of the KBA Bar Counsel?s office attempt to limit his political speech. Jay Garrett, and the [...]
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New COAKY DECISION DISTINQUISHES NEGLIGENT HIRING/RETENTION CLAIM FROM RESPONDEAT SUPERIOR, DISCUSSES IMPOSITION OF PUNITIVE DAMAGES AGAINST THE EMPLOYER FOR ACTS OF THE EMPLOYEE[May 16th, 2012] New COAKY Decision Distinguishes Negligent Hiring/Retention Claim from Respondeat Superior, Discusses Imposition of Punitive Damages Against Employer for Acts of Employee By David Kramer | dkramer@dbllaw.com More Sharing ServicesShare|Share on aolmailShare on facebookShare on twitterShare on email . A recent decision of the Kentucky Court of Appeals (by Judge James Lambert) [...]
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JOB OPENINGS WITH KBA[May 16th, 2012]KY. OFFICE OF BAR ADMISSIONS SEEKS DIRECTOR/GENERAL COUNSEL The Kentucky Office of Bar Admissions has issued a notice of a job opening for the position of director/general counsel. The deadline for applications is May 31, 2012. For more information on general duties and experience required, click here. [...]
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DEFINITION OF ?JACKWAGON? BY KBA BAR COUNSEL ? punishment sought for attorney who applied this term to the Bar Counsel[May 15th, 2012]A Kentucky attorney publically referred to a bar counsel official as a ?jackwagon??the Bar Counsel official in a brief, referred to the Urban Dictionary to define the term. The KBA Bar Counsel argues that this description of a bar counsel?s office attorney is improper under SCR 3.130(8.2). ?Urban Dictionary: jackwagon – 1. jackwagon a crybaby [...]
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SUPREME COURT DIVIDED OVER ATTORNEY FEES ISSUE ? JUSTICES SCHRODER AND SCOTT OPPOSE DUES INCREASE[May 15th, 2012]SUPREME COURT DIVIDED OVER ATTORNEY FEES ISSUE Last week LawReader reported on the dues increase approved by the Sup. Ct. which was less than requested by the KBA. Justices Schroder and Scott joined in a dissent and opposed any increase in dues. They particularly opposed the Court?s decision to deny the request to raise KBA [...]
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DEPARTMENT OF JUSTICE IS EXAMINING STATE BAR RULES WHICH GIVE LAWYERS A MONOPOLY ON WHAT IS CONSIDERED ?PRACTICE OF LAW?[May 14th, 2012]UNITED STATES OF AMERICA Department Of Justice Washington, DC 20530 January 25, 2008 via facsimile (808-539-4801) and first-class mail Judiciary Public Affairs Office 417 South King Street Honolulu, HI 96813 Re: Comments on Proposed Definition of the Practice of Law Dear Sir or Madam: The Justice [...]
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SUPREME COURT AMENDS RULES RE: KBA ELECTIONS and DUTIES[May 13th, 2012]LawReader reports the following amendment to the Supreme Court Rules which became effective in March of 2012. Supreme Court of Kentucky IN RE: AMENDMENTS TO THE BY-LAWS OF THE KENTUCKY BAR ASSOCIATION ORDER Under SCR 3.090, and as approved by the Board of Governors of the Kentucky Bar Association (KBA) on [...]
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ABA WORKS ON MODEL DEFINITION OF ?PRACTICE OF LAW?[May 12th, 2012]Law American Bar Association Center for Professional Responsibility Task Force on the Model Definition of the Practice of Law Board of Governors Resolution RESOLVED, that a Task Force on the Model Definition of the Practice of Law with not more than seven members, including a chair, appointed by the President in consultation with the [...]
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New Bar Dues Imposed: Supreme Court rejects KBA reccomendations ? See Sup. Ct. order[May 12th, 2012]New Bar Dues Imposed: Supreme Court rejects KBA reccomendations http://www.kybar.org/documents/enews/12_dues.pdf We note that the Supreme Court did not rubber stamp the KBA request. The KBA sought to greatly increase the dues to be paid by Judges, and to raise all other lawyers much more than the Court approved.
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TRANSPARENCY IN THE DISCIPLINE OF ATTORNEYS IS A CONSUMER PROTECTION RIGHT ? DISCIPLINE PROCEDURES CAN TAKE EIGHT OR NINE YEARS IN KENTUCKY?WHAT HAPPENS TO THE UNSUSPECTING PUBLIC?[May 12th, 2012]STUDIES ON LAWYER DISCIPLINE SECRECY: http://www.halt.org/what-we-do-for-you/hold-lawyers-accountable/lawyer-discipline/discipline-transparency HALT Launches Study Showing States? Secrecy Regarding Lawyer Ethical Transgressions HALT released a breakthrough study revealing that most states conceal information about ethics charges against lawyers. To protect lawyers? reputations, state disciplinary systems are ignoring consumers? right to know about transgressions of the attorney they are considering hiring. Read [...]
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KBA PRESIDENT STILL HAS NOT RESPONDED TO OUR REQUEST FOR DETAILS ABOUT EXPENDITURE OF LAWYERS DUES FOR OUTSIDE COUNSEL BY THE BAR COUNSEL?S OFFICE[May 12th, 2012] Stan Billingsley, the LawReader Senior Editor, wrote the KBA President on April 10, 2012 (32 days ago) to seek information about the amount of attorneys dues are going to the employment of outside counsel by the Bar Counsel?s Office over the last two years. As of Sat. May 12, 2012 we have not received any [...]
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The following story provides another example why attorney discipline rulings should not be sealed. The public has an interest in knowing results of all discipline proceedings[May 9th, 2012]The following story provides another example why attorney discipline rulings should not be sealed. The public has an interest in knowing results of all discipline proceedings. Disbarred Lawyer Gets 30 Days for Over a Decade of Unauthorized Practice of Law Posted May 7, 2012 10:47 AM CDT By Martha Neil A Nebraska lawyer who continued [...]
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Voluntary or Mandatory Bar Association? Is it time to examine the structure of the KBA?.Is it proper to consider direct election of the KBA President?[May 8th, 2012]All Kentucky lawyers must join the KBA and must pay substantial dues (to be raised further in July of 2012). Once you are a member of the KBA you can?t quit if they object. The cost of operation of the KBA is paid by the l7,000 dues paying members. That sum is estimated by LawReader [...]
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NORTHERN KY. BAR FOUNDATION HONORS KBA VICE-PRESIDENT THOMAS L. ROUSE[May 8th, 2012]Florence attorney William Kathman presented KBA Vice-President Thomas L. Rouse with the Northern Kentucky Bar Foundation?s 2012 Richard Lawrence Lifetime Achievement Award during Law Day ceremonies on May 1 hosted by the Northern Kentucky Bar Association and sponsored by Central Bank & Trust Co. The award recognizes a senior trial attorney who is a member [...]
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KBA BAR DUES RAISED EFFECTIVE JULY 1, 2012[May 8th, 2012]KBA BAR DUES RAISED EFFECTIVE JULY 1, 2012 See: http://www.kybar.org/625 – KBA e-mail message: On May 8, 2012 the KBA e-mail service reports that KBA bar dues are to be raised. ?Effective July 1, 2012, the annual dues to be charged for membership in the KBA will be $310 for those members who have [...]
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NOTICE OF JOB OPENING FOR DIRECTOR/GENERAL COUNSEL ? KY OFFICE OF BAR ADMISSIONS[May 8th, 2012]NOTICE OF JOB OPENING FOR DIRECTOR/GENERAL COUNSEL KY OFFICE OF BAR ADMISSIONS GENERAL DUTIES: · Developing and implementing operational practices and procedures. · Overseeing office staff to ensure that all necessary support is provided to the Board of Bar Examiners and Character and Fitness Committee in administering the bar examination, in processing [...]
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ERRANT PROSECUTORS SELDOM HELD TO ACCOUNT[May 7th, 2012] By Barry Scheck Reprinted from SPECIAL TO THE AMERICAN-STATESMAN Published: 6:18 p.m. Saturday, May 5, 2012 In February, Texas Supreme Court Chief Justice Wallace Jefferson affirmed the finding of state District Judge Sid Harle that there was probable cause to believe former Williamson County prosecutor Ken Anderson had violated the criminal laws of Texas [...]
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YOU MAY BE DENIED ENTRY TO CANADA IF YOU HAVE A DUI ON YOUR RECORD[May 5th, 2012]If you have a DUI conviction you may be denied entry to Canada. By LawReader Senior Editor Stan Billingsley On a recent trip to British Columbia we were asked at Canadian Customs if we ever had a DUI conviction. We answered in the negative and were admitted to Canada without problem. However this issue was [...]
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