Kentucky Court Report - SCOKY & COAKY

AOC NEWS: Christian County Family Court Judge Jason Shea Fleming appointed to national, state committees on families and children

FRANKFORT, Ky., Sept. 27, 2011 – Christian County Family Court Judge Jason Shea Fleming has been appointed to a national committee and a state committee on families and children. Judge Fleming was named in August as an advisory member of the National Council of Juvenile and Family Court Judges’ Military Committee and as a member of the Kentucky Bar Association’s Child Protection and Domestic Violence Committee.   

 

“These appointments give Christian County a voice on issues that affect families and children in Kentucky and nationally,” Judge Fleming said. “My role on the Military Committee will help me better serve our military families stationed right here at Fort Campbell. It is an honor to be selected for these important committees.”

 

The NCJFCJ Military Committee works to better understand issues common to military families and their children in the areas of delinquency, dependency, domestic violence and family law. The committee aims to identify and define issues that the NCJFCJ can help address through collaboration and the creation of effective strategies and protocols. The group is also charged with developing and implementing training and educational tools for judges and court personnel.

 

The KBA Child Protection and Domestic Violence Committee reviews the various legal aspects surrounding juvenile issues. The committee’s work has included publication of a handbook on children’s rights.

 

Judge Fleming

Judge Fleming was elected in November 2006 to serve as the Family Court judge for Christian County. Prior to his judicial career, Judge Fleming was assistant Christian County attorney from 1998 to 2006 and served as the director of Christian County Juvenile Services and as a volunteer for Christian County Juvenile Drug Court from 2000 to 2006. He was in private practice with Thomas, Arvin & Fleming in Hopkinsville from 1997 to 2000 and had a solo practice from 2000 to 2003.

 

Judge Fleming holds a bachelor’s degree from the University of Kentucky and a juris doctor from the University of Kentucky College of Law, where he graduated cum laude and was a member of the Order of the Coif. He was articles editor for the Kentucky Law Journal and chair of the Hearing Committee on the UK College of Law Honor Council from 1996 to 1997.

 

Judge Fleming is the 2011 recipient of the KBA’s Outstanding Young Lawyer Award. He previously received the KBA’s Continuing Legal Education Recognition Award and has been the recipient of the KBA’s Pro Bono Award multiple times. He is the only prosecutor to receive the Kentucky Public Advocate Award, presented to him in 2006 by the Department of Public Advocacy. He also received the Advocate for Children Award from the Christian County Child Abuse Council in 2010 and the 2007 Meritorious Service Award from Christian County Juvenile Drug Court.

 

He has authored numerous journal articles and been a presenter at conferences for Kentucky prosecutors and county attorneys at continuing legal education seminars statewide and for the KBA Convention. He serves as a member of the state Circuit Judges Education Committee and the Education Oversight Committee for the Administrative Office of the Courts. Judge Fleming has also been a part-time instructor for Brown-Mackie College.

 

He is a past president of the Hopkinsville-Christian County Jaycees and Big Brothers-Big Sisters of the Southern Pennyrile. Judge Fleming is a past vice president of the Kentucky State Jaycees and was the organization’s legal counsel for six years. He is a past chairman for the boards of the Housing Authority of Hopkinsville and Westwood Senior Homes.

Supreme Court of Kentucky adopts statewide rules for family law cases

Links to Related Resources:
Family Court Rules of Procedure and Practice
Summary of Family Court Rules of Procedures and Practice

FRANKFORT, Ky. -- For the first time, the Supreme Court of Kentucky has adopted uniform rules for family law cases statewide, Chief Justice of Kentucky John D. Minton Jr. and Deputy Chief Justice Mary C. Noble announced at a news conference today at the Kentucky Capitol.

The Family Court Rules of Procedure and Practice apply to all family law cases, which are handled by Family Court judges in 71 Kentucky counties and by circuit and district judges in the 49 other counties without a Family Court. Family law cases include such matters as divorce, termination of parental rights, domestic violence, child support, juvenile status offenses, adoption, and dependency, neglect or abuse.

The rules became effective Jan. 1, 2011, and will have a significant impact on the practice of family law in Kentucky.

AOC: Kentucky Courthouse Construction and Dedications on Oct., Nov. Dec, 2009

October 12, 2009
Hancock County Judicial Center Groundbreaking Ceremony
October 16, 2009
Todd County Judicial Center Groundbreaking Ceremony
October 27, 2009
Grayson County Judicial Center Dedication Ceremony
October 28, 2009
Trigg County Judicial Center Dedication Ceremony
November 10, 2009
Mercer County Judicial Center Groundbreaking Ceremony
November 12, 2009
Allen County Judicial Center Groundbreaking Ceremony
December 15, 2009
Jackson County Judicial Center Dedication Ceremony

AOC NEWS: Kentucky Court of Appeals to hear oral arguments Sept. 29 in Highland Heights

Kentucky Court of Appeals to hear oral arguments Sept. 29 in Highland Heights
Monday, September 21, 2009
Issued By: Kentucky Court of Justice
The public is invited to observe as the Court of Appeals hears oral arguments in cases on appeal from Fayette and Franklin counties.

AOC NEWS: Russell County to break ground for judicial center Sept. 28

Russell County to break ground for judicial center Sept. 28
URL       : http://kentucky.gov/Newsroom/kycourts/PR09252009CA1.htm
Date      : Friday, September 25, 2009
Issued By : Kentucky Court of Justice
Summary   : State and local officials, public invited to attend groundbreaking ceremony for the planned Russell County Judicial Center.

Criminal Law - RCr 11.42, ineffective assistance of counsel: Lawson v. Commonwealth (COA 8/21/2009)

Lawson v. Commonwealth
2004-CA-000553 8/21/09 2009 WL 2568896

Opinion by Judge Clayton; Judges Moore and Stumbo concurred.

The Court affirmed in part, and reversed in part and remanded, an order of the circuit court denying appellant’s motion filed pursuant to RCr 11.42. The Court held that the trial court erred in failing to hold an evidentiary hearing on appellant’s claims that trial counsel was ineffective for failing to ask the trial court for the correct number of preemptory challenges and failing to make a contemporaneous objection. The Court also held that appellant’s other arguments related to counsel’s effectiveness were either addressed and rejected on direct appeal or appellant failed to show that the outcome of the trial would have been different so that appellant was not entitled to an evidentiary hearing on those issues.

AOC: Supreme Court Clerk Susan Stokley Clary installed as president of National Conference of Appellate Court Clerks

FRANKFORT, Ky. -- Susan Stokley Clary, clerk of the Supreme Court of Kentucky, was installed as president of the National Conference of Appellate Court Clerks at the organization’s annual meeting Aug. 6 in Sacramento, Calif.

The NCACC focuses on continuing education for appellate court clerks and court administrators, providing them with information and training designed to help them improve the appellate court system. Clary is the organization’s 37th president.

“There is no one working in the courts who has a deeper knowledge or greater love of the court system than Susan Clary,” Chief Justice of Kentucky John D. Minton Jr. said. “Her election to the presidency of this professional organization is not only a significant accomplishment for Susan, but it also brings honor to the commonwealth of Kentucky.”

Clary has been clerk of the Supreme Court of Kentucky since March 1995. She also serves as the court’s administrator and general counsel. She has been the court administrator since 1988 and the court’s general counsel since 1983.

Gov. Steve Beshear praised Clary’s work with the Supreme Court.

“For almost 15 years, Susan has served as clerk of the Supreme Court of Kentucky, earning a reputation as an invaluable resource and trusted advisor,” Beshear said. “Her seamless management skills honed here in Kentucky will certainly be welcomed as head of the NCACC, as we continue to show the nation that Kentucky is a state filled with unparalleled leadership.”

Clary was elected as NCACC vice president in 2007. The vice president automatically succeeds to the office of president-elect and then president.

Clary is a member of the Supreme Court Rules Committee and the Civil Rules Committee and is chairwoman of the Supreme Court Appellate Rules Subcommittee. She is also a member of the court’s Appellate Technology Committee and is the Supreme Court liaison with the Office of Bar Admissions.

Prior to her appointment as clerk, she served the Supreme Court as a law clerk for Justice James B. Stephenson and as administrative assistant to Chief Justice Robert F. Stephens. She earned her juris doctor from the University of Kentucky College of Law, graduating in 1981. She also previously served as general manager of the Department of Juvenile Services for the Administrative Office of the Courts, during which time she established a statewide juvenile intake and diversion program.

Clary has co-authored a book on Kentucky juvenile law and taught family law and juvenile law at Midway College.

She and her son, Nicholas, reside in Lexington.

NCACC
The NCACC was organized in 1973 with members throughout state and federal appellate courts. The three objectives of the conference are to improve the skill and knowledge required of those performing the duties of appellate court clerks through conferences, seminars and other educational programs; to promote and improve the contribution of the offices of appellate court clerks in effective court administration; and to maintain facilities for the collection and dissemination of information and ideas regarding the operation and improvement of the offices of appellate court clerks.

Administrative Office of the Courts
The AOC in Frankfort supports the activities of approximately 3,800 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks.

AOC NEWS: 2009 Pretrial Services Conference, Louisville, June 28-July 1

2009 Pretrial Services Conference, Louisville, June 28-July 1

The 2009 Pretrial Services Conference is open to participants from the Kentucky Court of Justice and from outside the state court system. Presenters include Chief Justice of Kentucky John D. Minton Jr. and four nationally known speakers. Sessions will cover such topics as supervising clients, creating service plans and understanding courtroom procedures.
Conference Brochure (289KB-PDF)
Registration Form (153KB-MS Word)

JUDICIAL VACANCIES: Nominations/questionnaires DUE JUNE 12, 2009

These announcements of judicial vacancies and seeking of nominations almost slipped by me!

Check each notice for deadline; I have tried to post them the best I can. Some are past due.

The link at the site to go and see when the upcoming vacancies are posted is at the AOC - CLICK HERE.

For example, JEFFERSON COUNTY vacancies need the questionnaires at AOC by JUNE 12.   Good news is that the questionnaires to complete are on-line. 

 

21st Circuit, 1st Division - Menifee, Montgomery, Rowan - application due JUNE 26
Notice (49KB-PDF)
Questionnaire (19KB-PDF)

25th District, 1st Division - Clark and Madison Counties - deadline was JUNE 5 (sorry)
Notice (59KB-PDF)
Questionnaire (32KB-PDF)

25th Circuit, 3rd Division - Family Court - Clark and Madison Counties - deadline was June 5
Notice (59KB-PDF)Questionnaire (32KB-PDF)

27th Circuit, 1st Division - Knox and Laurel Counties deadline is July 2
Notice (49KB-PDF)
Questionnaire (19KB-PDF)

30th Circuit, 6th Division - JEFFERSON COUNTY - questionnaire due JUNE 12
Notice (33KB-PDF)
Questionnaire (32KB-PDF)

30th District, 11th Division - JEFFERSON COUNTY - questionnaire due JUNE 12
Notice (33KB-PDF)
Notice (33KB-PDF)
Questionnaire (32KB-PDF)

30th District, 17th Division - JEFFERSON COUNTY - questionnaire due JUNE 12
Notice (33KB-PDF)
Notice (33KB-PDF)
Questionnaire (32KB-PDF)

32nd Circuit, 1st Division - Boyd County - June 26 deadline
Notice (48KB-PDF)
Questionnaire (19KB-PDF)

44th Circuit - Bell County  deadline July 2
Notice (49KB-PDF)
Questionnaire (19KB-PDF)

News: Chief Justice Racial Fairness Commission Meeting on 4/21/2009

When:  Tuesday, April 21, 2009 @ 4:00 PM

Location:  Crown Room of the Jefferson County Judicial Center, 700 W. Jefferson St., Louisville

Description:

The public is invited to attend a meeting of the Chief Justice Racial Fairness Commission April 21, at 4 p.m. in the Crown Room of the Jefferson County Judicial Center, 700 W. Jefferson St., Louisville. Court of Appeals Judge Denise Clayton chairs the commission.