Pol Watchers

Moberly defends House budget against criticism from Beshear, Lambert

FRANKFORT -- House budget chairman Harry Moberly Jr. took to the House floor today to defend the chamber's version of the state budget.

His speech was in response to criticism this week from Gov. Steve Beshear, who questions savings in the two-year-spending plan, and Supreme Court Chief Justice Joseph E. Lambert, who claims it shortchanged the judicial branch about $55 million.

Moberly said the House plan notes government will have to be streamlined with the expected retirement this year of about 5,000 people because of enhanced benefits.

He said Beshear will have the opportunity to restructure state government and provide the savings in the House budget.

"It won't be easy but he has to participate enthusiastically," Moberly said. "He ran for governor on the basis of getting new efficiencies in government.

"Does he want to address the inefficiencies ... or does he want to engage in fear-mongering and whining?"

Concerning Lambert's criticism, Moberly said the House gave the courts system the money recommended by the governor.

He added: "The court will have to take its fair share.  We are in hard times."

UPDATE 3:50 p.m.: Beshear responded to Moberly's comments in an impromptu gathering with reporters as he entered the Capitol this afternoon.

"It continues to amaze me how some folks can't disagree without being disagreeable," he said. "I'm doing what the people elected me to do. When I've got concerns about those issues I'm raising those concerns and am going to be talking about those concerns so that the public knows what's happening."

"Some of the additional cuts that they're making to some agencies is going to create some real problems," he said.

--Jack Brammer

Chief justice criticizes court funding

By Jack Brammer
JBRAMMER@HERALD-LEADER.COM

FRANKFORT -- Kentucky Supreme Court Chief Justice Joseph E. Lambert predicts layoffs and other "harmful reductions" in the state courts system if the judicial budget approved by the House this week is not changed.

Layoffs are likely, drug courts could be reduced or eliminated, a program to monitor the release of defendants in jail awaiting trial could be scaled back or disbanded and courthouse projects could be delayed or discontinued, Lambert said Thursday.

Lambert said the House cut the judicial branch budget by $55.7 million for the next two years, but House budget leaders said Lambert's comments are misleading.

"He's being disingenuous," said Rep. Robin Webb, first vice chair of the House budget committee. House budget chairman Harry Moberly Jr. added that Lambert is being "disrespectful."

"We didn't cut his budget. We provided the amount that was recommended by the governor for the judicial budget. Saying we cut the budget is not accurate," said Moberly, D-Richmond.

Lambert expressed his discontent in an e-mail he sent out Wednesday to all Kentucky judges and justices, circuit clerks and court managers after the House acted on the judicial budget.

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Judge's donation might have violated conduct code

By Ryan Alessi
RALESSI@HERALD-LEADER.COM

FRANKFORT -- A London lawyer appointed as a judge Thursday by Gov. Steve Beshear might have violated conduct codes by contributing $200 to the campaign of Beshear's preferred candidate in the 30th Senate district special election.

Beshear picked John Paul Chappell, 37, over two others to fill the open 27th District Court judgeship in Laurel and Knox counties, a position vacated by recently elected Kentucky Court of Appeals Judge Michael Caperton.

Chappell also filed on Dec. 12, 2007, to run in the 2008 election for that post along with four other contenders. Then, on Jan. 19, Chappell wrote a $200 check to Democrat Scott Alexander, who is running against Republican Rep. Brandon Smith in the Feb. 5 state Senate election.

Canon 5 of the Kentucky Code of Judicial Conduct says "a judge or judicial candidate shall refrain from inappropriate political activity."

That includes endorsing candidates for office, soliciting money for political organizations or candidates or making contributions to party organizations or candidates, according to the canon.

The Kentucky Judicial Conduct Commission has reprimanded several judges and judicial candidates since 1983 for similar infractions.

Stephen D. Wolnitzek, a Covington lawyer and chairman of the Judicial Conduct Commission, said the organization will review Chappell's case "if somebody brings it to our attention."

Chappell said Thursday that he wasn't aware that judicial candidates were barred from making political donations. And he said no one asked him to contribute to Alexander's campaign.

"No, there's no correlation at all between the appointment and that donation, whatsoever," he said.

He called back later to say that he'll ask Alexander's campaign to return the check and will "inform the judicial conduct commission of my mistake because that's all it was."

Vicki Glass, spokeswoman for Beshear, said the governor's office didn't know of Chappell's possible conflict.

"We were unaware of that because we don't check peoples' contributions," she said.

Chappell also gave $800 to Beshear and Daniel Mongiardo's campaign last fall.

Chappell said he has family ties to the 30th Senate District, which covers Bell, Harlan, Leslie and Perry counties. He said he met Alexander at a campaign function in January and his support of Alexander was unrelated to Beshear and Mongiardo's strong push to get Alexander elected.

"I thought he was someone I would support," Chappell said, adding that he had no intention of getting an inside track for the appointment.

The other two candidates nominated to fill out the 27th District judgeship -- David Randall Azbill of London and Gilbert Edward Holland of Barbourville -- didn't contribute money in last year's governor's race or in the 30th District Senate race.

Foreclosure spike could bring pay raise for court workers

One man's misery may become another's pay raise.

The state courts system is planning to use fees from the courthouse sale of foreclosed homes to fund a 23 percent pay hike for beginning employees and substantial raises for other non-elected officials, many of whom now qualify for food stamps and other state assistance.

The average annual salary for the state's 1,551 non-elected court workers is $31,553, although the 725 who have been on the job less than five years average $21,384 per year.

With foreclosures spiking as the state's economy slumps, increased court fees will likely produce the $28 million needed to fund the raises over the next two years, said state Supreme Court Chief Justice Joseph Lambert.

In future budgets, the state might need to kick in money from the General Fund since foreclosure rates will presumably dip when the economy improves, Lambert said.

Deputy Fayette Circuit Court Clerk Pat Willoughby, who works evenings at Wal-Mart to make ends meet, says she desperately needs the proposed pay raise, which would be $1,200 plus $200 for each year of service for existing workers.

"I can't afford to live by myself," said Willoughby, who brings home about $1,300 a month from her court job. "I live with my daughter and help them make the house payment."

Willoughby, 58, took on a second job recently when her car, which had more than 200,000 miles on it, stopped working. "I had to go to work somewhere else to make that car payment," she explained.

The starting salary for deputy circuit court clerks in Kentucky is $18,120 a year, which is below the federal poverty line for a family of four.

Lambert told a legislative panel on Wednesday he plans to raise starting salaries to $22,257 using "excess" funds produced by the sale of foreclosed homes.

State law [KRS 31A.010(4)] requires those funds to be used "to hire additional deputy clerks or office personnel, to increase deputy clerk or office personnel salaries, or a combination thereof."

"There is no more compelling need that I know of than the deputy clerk salaries," said Rep. John Vincent, R-Ashland.

Other budget priorities of the state's judicial branch include:

• About $3.5 million over two years to boost pay for judges by 5 percent.
• About $2.7 million over two years to increase the pay of Circuit Court Clerks to levels enjoyed by other county-wide elected officials.
• About $4 million over two years to sustain drug courts in Eastern Kentucky that were funded by a discontinued federal grant.
• About $5.5 million over two years to begin implementing an electronic filing system.

Lambert had no suggestions about how to pay for those priorities in a budget cycle that Gov. Steve Beshear has said will bring cuts to most state agencies.

Beshear will lay out his proposed budget to lawmakers on Tuesday. He has said the state will have $500 million less to spend next year.

"I think it's a possibility that everybody gets less instead of more," Rep. Robin Webb, D-Grayson, said in an interview after a meeting of the House Budget Review Subcommittee on Justice and Judiciary. "We'll do good to offer continuation budgets."

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- John Stamper

Ky. Supreme Court will broadcast arguments online

FRANKFORT -- The Kentucky Supreme Court will broadcast its hearings on the Internet on Oct. 24-26, Chief Justice Joseph Lambert said today.

“I have long endeavored to promote public trust and confidence in the Kentucky judiciary," Lambert said in a statement.

“Broadcasting Supreme Court oral arguments live gives every citizen access to our proceedings and an opportunity to see their highest court doing its work,” Lambert added.

“The justices on the Kentucky Supreme Court recognize that cases argued before it can be useful teaching tools, so we are pleased to partner with the University of Kentucky College of Law to open oral arguments to students all across the world via live streaming of the oral arguments,” said Justice John D. Minton, Jr.

The oral arguments site will be available from the Court of Justice website, www.courts.ky.gov, and the University of Kentucky College of Law’s website, www.uky.edu/law. UK will maintain the site that will host the live oral arguments.

--Jack Brammer

Fletcher appoints Kentucky's first black woman appellate judge

FRANKFORT -- Gov. Ernie Fletcher has appointed the first black woman to the Kentucky Court of Appeals.

Jefferson Circuit Court Judge Denise Clayton of Louisville will fill the appellate court seat left vacant by the recent appointment of Lisabeth Abramson to the Kentucky Supreme Court.

Clayton will represent the 4th Appellate District, Division 2. She received a bachelor’s degree from The Defiance College and a law degree from the University of Louisville Brandeis School of Law. She and her husband, Ronald Lee Clayton, have two children.

“I appreciate the time, consideration and attention that Gov. Fletcher devoted in making this appointment,” Clayton said in a statement. “I thank the governor as well as the Judicial Nominating Committee, the legal community and community at large. I am humbled by the appointment and grateful for the opportunity to serve on the Kentucky Court of Appeals.”

Clayton will serve until a special election for the seat is held in November 2008.

--Jack Brammer

Fletcher appoints new Supreme Court justice

FRANKFORT -- Gov. Ernie Fletcher today appointed Kentucky Court of Appeals Judge Lisabeth Hughes Abramson of Louisville to the Kentucky Supreme Court, replacing Justice William McAnulty who died last month of cancer.

This will mark the first time two women have served at the same time on Kentucky's highest court. Besides Abramson, the other is Justice Mary Noble of Lexington

“Judge Abramson brings with her the knowledge and ability to fill the very large void left by the passing of Justice McAnulty,” Fletcher said in a statement. “I appreciate her willingness to serve in this very important capacity.”

A native of Princeton, Abramson is a graduate of University of Louisville, where she received her bachelor’s degree with highest honors, her juris doctorate magna cum laude and was named the outstanding graduate of her law school class.

She served as a judge on the Kentucky Court of Appeals from 1997 to 1998 and again starting with her appointment by Fletcher on June 30, 2006.

“I am honored that Gov. Fletcher has appointed me to succeed Justice McAnulty in service to the people of Jefferson County and the Commonwealth,” said Judge Abramson. “I look forward to participating in the important work of the court.”

“Judge Abramson is among the finest judges in Kentucky,” said Chief Justice Joseph E. Lambert. “I have long admired her work. She will make an outstanding Supreme Court justice and will contribute greatly to the work of the court. I appreciate Gov. Fletcher for having promptly made this outstanding appointment.”

Abramson will serve until a special election is held next year.

-- Jack Brammer

Ky.'s first black Supreme Court justice dies

Former Kentucky Supreme Court Justice William E. McAnulty Jr., the first black man on the state's highest court, has died.

Jessica Loving, a spokeswoman for the McAnulty family, said the judge died at about 10:15 p.m. Thursday at home with his family.

She said he was under the care of hospice "and passed away peacefully."

McAnulty, 59, resigned from the court about two weeks ago. He announced in early July he'd been diagnosed with lung cancer that had spread to his brain.

House Speaker Jody Richards called McAnulty "a thoughtful, intelligent justice" who will be sorely missed. "He had an unmatched wit," said Richards who attended McAnulty's swearing-in ceremony last year.

The family is finalizing arrangements, but there will be a memorial service at Highland Presbyterian Church in Louisville, probably early next week, Loving said. McAnulty is to be cremated but there will be a burial service at Cave Hill Cemetery in Louisville.

Loving said the family is providing information at www.justicemcanulty.com.

In a statement released Aug. 9, McAnulty said, "Serving on Kentucky's Supreme Court has been the most satisfying experience in my career.

"However, my family and I will now devote our energies to completing my cancer treatment."

McAnulty said previously that his cancer was caused by smoking, a habit he quit in December. The justice had surgery July 11 to remove a mass from his brain, and was to receive radiation treatment and chemotherapy for the cancer in his lungs. At the time, he had said he would stay on the court, and he promised to work and write opinions from his bed.

"Justice McAnulty has had an extraordinary career in the Kentucky judiciary," Supreme Court Chief Justice Joseph E. Lambert said when McAnulty resigned. "He has served on all four levels of Kentucky state courts with ability, honor and distinction."

Lambert, who was a law school classmate of McAnulty at the University of Louisville, said a service was being planned at the Kentucky Supreme Court.

Shortly before 11 a.m., 87 state house members co-signed a resolution honoring McAnulty's "life and service." Rep. Darryl Owens, D-Louisville, said on the house floor that McAnulty had a "profound effect across the length and breadth of the Commonwealth."

"In addition to his great legal mind, Judge McAnulty was just a good person," Owens said. "He was a good father, a good husband and a good friend; he has indeed raised the standard."

Louisville Mayor Jerry Abramson ordered flags to be flown at half-staff on all Louisville Metro Government buildings and properties in McAnulty's honor.

Abramson remembered McAnulty's "razor-sharp wit" and said the justice leaves a distinguished legacy of judicial decisions.

"We have lost a man devoted to the pursuit of justice, and we have lost a good friend," Abramson said.

McAnulty was appointed by Gov. Ernie Fletcher in June 2006 to fill a vacancy in the 4th Supreme Court District, which consists of Jefferson County.

He defeated a tough challenge from Jefferson Circuit Judge Ann O'Malley Shake to win election in November.

McAnulty's successor will be chosen by Fletcher from three names to be presented to him by a nominating commission. The panel is scheduled to meet Sept. 6. The successor will serve until the November 2008 election.

- Jack Brammer and The Associated Press

Justice McAnulty being treated for lung and brain cancer

Kentucky Supreme Court Justice William E. McAnulty Jr. said Thursday he has lung cancer that’s spread to his brain.

On Wednesday, McAnulty is scheduled for surgery to have a one-inch mass removed from his brain. He is to receive radiation treatment and then 10 weeks of chemotherapy for the cancer in his lungs.

McAnulty, 59, who was in good spirits in a brief interview, said he’s confident he’ll beat the cancer.

“I will be down for two months, then back and raring to go,” he said. “Put up a sign that says ‘no vacancy.’” He said he will stay on the court and promised to work and write opinions from his bed. He will not be able to participate in oral arguments but will watch them on video.

“I don’t have any down time in terms of worrying about me,” McAnulty said. “I worry about the 40 million people” without life-saving health care.

McAnulty said the cancer was caused by smoking, a habit he quit in December.

“I’m not a victim or anything,” he said. “I’m just a guy who made a bad choice early in his life.”

McAnulty, the first black person to sit on the state Supreme Court, was appointed in June 2006. He defeated a tough challenge from Jefferson Circuit Judge Ann O’Malley Shake to win election in November.

“I’ve got eight years to go on this term,” he said. “I ain’t going to pass that up. I’ll be here.”

- Brandon Ortiz

Chief justice appoints new courts director

FRANKFORT -- Kentucky Supreme Court Chief Justice Joseph Lambert today named his former chief of staff, Jason Nemes, to be director of the agency that provides administrative support to the state court system.

Nemes has been acting director of the Administrative Office of the Courts since Jan. 1. He replaces Melinda L. Wheeler, who is running for state treasurer in the May 22 Republican primary election.

Nemes will serve at the pleasure of the chief justice. His salary for this year will be $121,744.

"When Jason was named acting director, it was not my intention to make him permanent in that position," Lambert said in a statement. "However, during the last few months I have observed his outstanding performance and his desire to make the AOC a truly service-oriented organization. I have also been contacted by Supreme Court justices and dozens of judges and circuit clerks throughout Kentucky who have praised Jason's work and suggested that I remove the acting from his title."

Nemes was named chief of staff and counsel for Lambert in June 2005 after serving as a law clerk for the chief justice.

Nemes, 29, is a native of Louisville. He earned a bachelor's degree from Western Kentucky University, where he pursued a double major in government and sociology and a minor in criminology.

After completing undergraduate studies at Western, Nemes spent a year in Washington, D.C., where he served as a legislative aide to two members of Kentucky's congressional delegation. He ranked among the top in his class when he graduated from the University of Louisville Brandeis School of Law. He currently serves as an adjunct professor of constitutional law and appellate practice at U of L.

"Jason has one of the finest legal minds I have taught in my years on the faculty," said Sam Marcosson, professor of law for the U of L School of Law. "His unparalleled intellectual curiosity and tremendous enthusiasm for the law made it a joy to work with him even when we didn't agree on particular points."

Nemes and his wife, Leslie, reside in Louisville with their son, Samuel.

The AOC supports the activities of more than 3,500 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks, and executes the judicial branch budget.

"Jason possesses all of the qualities necessary to transform the culture and perspectives of the AOC," said Supreme Court Justice William E. McAnulty Jr. of Jefferson County. "I have no doubt he will be successful during his tenure there."

--Jack Brammer