Wednesday, July 30, 2014     

 A periodic newsletter providing information about the activities of the Kentucky Bar Association
and other information relevant to attorneys practicing in the Commonwealth of Kentucky.


July 2014

In this issue:


William E. Johnson

Douglass Farnsley

R. Michael Sullivan
Vice President

Thomas L. Rouse
Past President

Young Lawyers
Bradley J. Sayles, Chair

Executive Director
John D. Meyers


Board of Governors

1st District
Michael M. Pitman
W. Fletcher Schrock

2nd District
Thomas N. Kerrick
J. D. Meyer

3rd District
Melinda G. Dalton
Howard O. Mann

4th District
Amy D. Cubbage
Bobby Simpson

5th District
William R. Garmer
Eileen M. O'Brien

6th District
Gary J. Sergent
J. Stephen Smith

7th District
Earl M. McGuire
John Vincent 


The Kentucky Bar Association’s 2014 Annual Convention drew 1,850 attorneys to Covington, June 18-20, making it the largest gathering held by the bar association in Northern Kentucky.

Awards presented during the Annual Convention include:
  • Distinguished Judge Award – Chief Circuit Judge Anthony W. Frohlich, 54th Judicial Circuit, Union
  • Distinguished Lawyer Award – Jerry J. Cox, Mount Vernon
  • Chief Justice’s Special Service Award – William E. Johnson, Johnson Newcomb, LLP, Frankfort
  • Justice Thomas B. Spain Award – Chief Court of Appeals Judge Glenn E. Acree, Lexington
  • Bruce K. Davis Bar Service Award – John R. Martin, Jr., Landrum & Shouse LLP, Louisville
  • Donated Legal Services Award – Richard A. Cullison, executive director of Legal Aid of the Bluegrass, Covington
  • Nathaniel A. Harper Diversity Award – A. Holland Houston, Louisville
  • Outstanding Young Lawyer Award – Rebekkah Bravo Rechter, Ky. Workers’ Compensation Board, Louisville
  • Young Lawyer Division Service to Community Award – Cara Stewart, Legal Aid of the Bluegrass, Covington
  • Service to Young Lawyers Award – Professor Robert G. Lawson, University of Kentucky College of Law
  • Outstanding YLD Executive Committee Member Award -- Mark Flores, Lexington
New KBA officers sworn into office during the Annual Banquet on Thursday, June 19, include KBA President William E. Johnson, Frankfort; President-Elect Douglass Farnsley, Louisville; Vice-President R. Michael Sullivan, Owensboro; Immediate Past President Thomas L. Rouse, Erlanger; and Young Lawyers Division Chairman Bradley J. Sayles, Lexington.

Bar Governors receiving the oath of office were W. Fletcher Schrock, Paducah, 1st Supreme Court District (SCD); Thomas N. Kerrick, Bowling Green, 2nd SCD; Melinda Gillum Dalton, Somerset, 3rd SCD; Eileen M. O’Brien, Lexington; 5th SCD; and Gary J. Sergent, Covington, 6th SCD. Bobby Simpson of Louisville and John F. Vincent of Ashland, elected to the 4th and 7th SCDs, respectively, were unable to attend the ceremonies and will be sworn into office during the Board of Governors’ July 18 meeting in Lexington.

Other Kentucky Bar Governors recognized for their continuing service were Michael M. Pitman, Murray, 1st Supreme Court District (SCD); John David Meyer, Owensboro, 2nd SCD; Howard O. Mann, Corbin, 3rd SCD; Amy D. Cubbage, Louisville, 4th SCD; William R. Garmer, Lexington, 5th SCD; J. Stephen Smith, Ft. Mitchell, 6th SCD; and Earl M. “Mickey” McGuire, Prestonsburg, 7th SCD.

Also honored were retiring KBA President Thomas L. Rouse; Immediate Past President W. Douglas Myers, Hopkinsville; outgoing YLD Chair Carl Frazier, Lexington; retiring Bar Governors Jonathan Freed, Paducah, 1st SCD; M. Gail Wilson, Jamestown, 3rd SCD; Douglas C. Ballantine, Louisville, 4th SCD; Anita M. Britton, Lexington, 5th SCD; David V. Kramer, Crestview Hills, 6th SCD; and Bobby Rowe, Prestonsburg, 7th SCD.


Photos from the 2014 Kentucky Bar Association Annual Convention in Covington are available for download and can also be purchased in a variety of print sizes. To view the photos, please follow the instructions below:
  • Click on the following link: http://www.timwebbphotography.com/f1069996956
  • Type in the password: justice
  • Click on the thumbnail image of the desired photo.
  • Once the image is accessed in a larger format, an option to download the image or purchase prints will be available directly above it.
  • If you have any questions regarding the photos, please email KBA Communications Director Amy Carman at acarman@kybar.org.


Thanks to Lawyers Mutual Insurance Company of Kentucky (LMICK) and the National Insurance Agency, Inc., (NIA) for serving as the 2014 KBA Annual Convention Platinum Gavel Sponsors! The KBA greatly appreciates your support!

The KBA also thanks Dressman Benzinger LaVelle psc for their sponsorship of the “Biergarten” during the Annual Convention Kick-Off Reception, and BGD Legal Outsourcing for their sponsorship of the Bench & Bar Reception. Specialty break sponsors included Casemaker and The Bank of Kentucky.

Other KBA Annual Convention sponsors included the Supreme Court of Kentucky; the Administrative Office of the Courts; the Kentucky Department of Public Advocacy; Duplicator Sales & Service; Frost Brown Todd LLC; GEICO; Graydon Head & Ritchey LLP; Pomeroy; the KBA Young Lawyers Division and the following KBA Sections: Appellate Advocacy; Bankruptcy Law; Business Law; Civil Litigation; Criminal Law; Education; Elder Law; Family Law; Health Care Law; Labor & Employment Law; Public Interest Law; Probate & Trust Law; Small Firm Practice & Management and Taxation Law. The convention is also sponsored by the KBA Committee on Child Protection and Domestic Violence and the KBA Ethics Committee.

Thanks to all of our sponsors for their generous support!! For more convention coverage, be on the lookout for the upcoming issue of the Bench & Bar!

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FRANKFORT, Ky. – High school students from Kentucky and southern Ohio gathered in Northern Kentucky recently to participate in “Why Choose Law: Diversity Matters,” a program encouraging young people from diverse backgrounds to become lawyers and practice law in Kentucky.

Sponsored by the Kentucky Bar Association’s (KBA) Young Lawyers Division, the “Why Choose Law” program provided seven students with the opportunity to learn about the state and federal court systems; tour the Salmon P. Chase College of Law at Northern Kentucky University and participate in a mock law school class there; visit with attorneys at local law firms; discuss legal ethics over lunch with local lawyers; tour the Kenton County Justice Center in Covington; and ask questions of judges participating in an afternoon panel discussion. The program was held June 17 and is sponsored annually in conjunction with the Kentucky Bar Association’s Annual Convention, which took place June 18-20, at the Northern Kentucky Convention Center in Covington.

The “Why Choose Law: Diversity Matters” program was created to promote interest among students who belong to groups typically underrepresented in law school classes, including racial and ethnic minorities and those with varied religious, geographic, socio-economic, and sexual orientation backgrounds. Because of the convention’s proximity to southern Ohio, the YLD Diversity Committee sought to reach out to students in areas across the Ohio River as a way of encouraging their study of law in Kentucky, said Sabine Stovall, chairman of the division’s diversity committee.
“We thought this would be a good way to introduce a diverse group of quality students to learning opportunities in the Commonwealth,” Stovall said.

The KBA Young Lawyers Division’s activities are made possible with the generous support of the Lawyers Mutual Insurance Company of Kentucky. For more information on the KBA’s Young Lawyers Division, visit www.kbayld.org.

"Why choose Law: Diversity Matters" Participants 

Participants in YLD’s “Why Choose Law: Diversity Matters” are pictured left to right: McKinley King, Glasgow, Barren County High School; Geran Walters, Cave City, Barren County High School; Brandon Thomas, Cincinnati, Elder High School; Axel Willoughby, Paris, Bourbon County High School; Keenan Freitag, Paris, Bourbon County High School; Robert McMurray, Cincinnati, Olyer High School; Karen Cipriano, Florence, Boone County High School. Pictured at far right is Supreme Court Justice Michelle M. Keller, who met with the group during their tour of the Kenton County Justice Center.

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Kentucky Bar Association Membership Dues for 2014-2015 will be mailed on July 18 and members will be able to pay online, quickly and conveniently, with a credit card or electronic check. A member number and password will be required to access the payment system. For credit/debit card payments, a 3.5 percent administrative fee will be assessed. For electronic check payments, a $2 administrative fee will be assessed.

The KBA membership cycle runs July 1-June 30 of each year. Payments are due on or before September 1, 2014. After that date, an additional late fee payment of $50 will be assessed. For more information, please contact the KBA Membership Department at (502) 564-3795.

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The Kentucky Bar Foundation encourages all members of the KBA to make the separate Sustainer Contribution in the sum of $30 at the time their KBA dues are paid. This year, a portion of the Sustainer Contributions will be used to help fund diversity and inclusion initiatives which are being undertaken by Kentucky lawyers serving on various committees that have been formed for this purpose. As in the past, the primary purpose of the contribution will help fund the 2015 Kentucky Bar Foundation grants which are awarded in June of each year. A listing and brief description of the recent 2014 Kentucky Bar Foundation grants will appear in the July issue of the Bench & Bar. Please help your Kentucky Bar Foundation continue its good works on behalf of the legal community in our Commonwealth!

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As of Jan. 1, 2014, KBA members are required to maintain a valid email address with the KBA Executive Director, following a change to SCR 3.175, and notify the director within 30 days of changing that email address, with the exception of members who have been designated as Senior Retired Inactive and Disabled Inactive. In addition to complying with the new Supreme Court Rule, keeping an accurate email address on file with the KBA is important for receiving CLE reminders, which are now emailed in May and mid-July. As a courtesy, KBA members who have not yet met their minimum annual CLE requirement will be e-mailed in early May of each year as a reminder of the upcoming end of the educational year and again in mid-July regarding the August 10 reporting deadline for credits timely earned by June 30. These reminders are no longer mailed through the U.S. Mail

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41st Annual Midwest-Midsouth Estate Planning Institute, July 24-25

The Office of Continuing Legal Education at the University of Kentucky College of Law and the KBA Probate & Trust Law Section are co-sponsoring the 41st Annual Midwest-Midsouth Estate Planning Institute on July 24-25 at the Marriott Griffin Gate Resort in Lexington. The program has been accredited in Kentucky for 14.00 CLE credits including 1.00 ethics credit. For additional information, call UK/CLE at (859) 257-2921 or download the full conference brochure at

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The Louisville Metro Department of Corrections (LMDC), in cooperation with the public defender’s office and members of the private Bar, has recently taken steps to ensure, for the first time, that outgoing calls from inmates to their attorneys are not recorded or monitored, according to a notice from Mark E. Bolton, director of the LMDC.

The notice states that: “Upon request of any licensed attorney, LMDC will block recording or monitoring of outgoing LMDC inmate calls to any of up to three phone numbers used by that attorney in the regular course of his/her practice. For example, if you want to accept calls that are placed to your office, cell or home numbers from clients (or prospective clients) who are in custody at LMDC, you may ask that each of those numbers be blocked so that attorney-client privilege is protected and no call from an LMDC inmate to any of those numbers is ever recorded or monitored. In no circumstance will LMDC provide any of your phone numbers to inmates, nor will you be obligated to accept any calls from inmates. It will simply block the recording/monitoring of outgoing inmate calls to the specific phone numbers you have identified in the request form, which in all likelihood are the same numbers you routinely provide to your clients. In order to take advantage of this procedure, you must complete, sign and deliver to LMDC a request form containing your name, Bar number, and each telephone number(s) you wish to have blocked. The form can be accessed at www.louisvilleky.gov/corrections. More complete instructions and discussion may be found at that website.”

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The Administrative Office of the Courts will conduct legal training for dependency, neglect and abuse cases (formally titled GAL training) beginning 8:30 a.m., Friday, September 12, at the Law School Courtroom of the University of Kentucky College of Law, 620 Limestone Street, Lexington. The basic curriculum has been approved for 6 hours of CEUs by the Kentucky Board of Social Work and 6.25 hours CJE for Kentucky judges. (The $25 registration fee is waived for judges.) An application for CLE accreditation in Kentucky will be submitted, which requests 6.25 credit hours of CLE, including 1 credit hour of ethics. The curriculum gives guardians ad litem an overview of Kentucky statutory and case law while also meeting the federal requirements set forth in CAPTA (Child Abuse Prevention and Treatment Act) and ASFA (Adoption and Safe Families Act.) The cost is $25 for attorneys seeking CLE credit and licensed social workers in private practice.

To access the training brochure, click here.

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The Health Services Branch of the Cabinet for Health and Family Services Administrative Hearings Division announces recent changes in the cabinet’s procedures and options. The health services branch will soon be scheduling prehearing telephonic conferences in all new cases that come before the Division of Hearings. Employees with the health services branch will attempt to schedule these conferences for a date and time that is convenient for all parties.

Attorneys who practice regularly before the services branch may now use the “share calendar” feature in Microsoft Outlook to share their calendars with the branch by sending a share calendar invitation to CHFS.HSAHB@ky.gov. Health services branch employees will be able to look for a date and time that appears “open” on a lawyer’s calendar when a lawyer informs the branch in advance of the Notice of Hearing and Order for Prehearing Conference that they will be appearing in a case. Due to time constraints, health services branch employees will not be able to issue “invitations” for dates and times and wait for a confirmation response prior to issuing a notice or order; employees will, however, attempt to pick a date that appears convenient on that calendar.

If the attorneys learn of a conflict after we have scheduled a matter, they can request the prehearing conference be rescheduled by contacting the same branch email address above. For more information, contact Janet M. Hall, staff attorney/manager of the Health Services Branch, Division of Administrative Hearings, at (502) 564-6621.

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The Kentucky Lawyers Assistance Program also offers weekly open recovery meetings for lawyers, law students and judges in Northern Kentucky and Lexington. The Northern Kentucky Lawyers in Recovery meeting is held 7:30 a.m., on Tuesdays at Lakeside Christian Church, 195 Buttermilk Pike, Lakeside Park, (Erlanger). The church is located off I-75 exit 186 for Kentucky 371/ Buttermilk Pike. The facility will open at 7:15 a.m. Please bring your own coffee. The Lexington Kentucky Lawyers in Recovery meeting is held at 7:30 a.m. on Wednesdays at the Alano Club downtown, 370 East Second Street, Lexington, KY 40508.

All meetings are open to law students, lawyers and judges who are already involved or who are interested in a 12-step program of recovery, including but not limited to Alcoholics Anonymous, Narcotics Anonymous, Overeaters Anonymous and Al-Anon. Come meet other attorneys and network. All meetings and contacts are confidential. SCR 3.990. For additional information, please visit www.kylap.org, call (502) 564-3795, ext. 266, or email abeitz@kylap.org.

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To check your CLE credits online visit www.kybar.org/28.

Online registration is now available. The dates and locations for the KBA’s 2014 Kentucky Law Update (KLU) are listed on the KBA website at www.kybar.org/186 and below.

September 4-5
Bowling Green
Holiday Inn & Sloan Convention Center

September 17-18
Russell (Ashland)
Bellefonte Pavilion

October 1-2
Lexington Convention Center

October 9-10†
Owensboro Convention Center

October 23-24
Kentucky International Convention Center

October 30-31
Jenny Wiley State Resort Park

November 5-6†
Julian Carroll Convention Center

November 19-20
London Community Center

December 4-5
Northern Kentucky Convention Center

The KLU program series is an exceptional benefit of KBA membership and Kentucky is the only mandatory CLE state that provides its members a way of meeting the annual CLE requirement at no additional cost.

In addition to opening online registration, registration brochures were mailed out and should arrive in mailboxes soon. In the meantime visit www.kybar.org/186 for more information, registration instructions, the program agenda and many other details. Please note: If you register online, do not send in a registration card as well. † Indicates a program location/venue change from the previous year’s (2013) program.

Looking for Upcoming KBA Accredited CLE Events?
Look no further...
Check out www.kybar.org/580

This easy to use search engine contains up to date information on CLE events that have been accredited by the Kentucky Bar Association Continuing Legal Education Commission.Users can search by program date, name or sponsor for information about future and past events. Program listings include sponsor contact information, approved CLE and ethics credits, and KBA activity codes for filling out the certificate of attendance (Form #3).

Programs are approved and added in the order in which they are received. It may take up to two weeks for processing of accreditation applications. If an upcoming or past event is not listed in the database, check with the program sponsor regarding the status of the accreditation application.

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