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 COUNTYquestionnaire due JUNE 12
Notice (33KB-PDF)
Notice (33KB-PDF)
Questionnaire (32KB-PDF)

30th District, 17th Division – JEFFERSON COUNTYquestionnaire 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.

News: Kentucky High School Mock Trial Tournament Held in Louisville 3/27 through 3/29, 2009 – If you have any news or pics to share, please do!

I missed this announcement.  Should anyone have any news or pictures to share, then please email me – kylawblog (at) yahoo.com.

Twenty-six teams of high school students from across the commonwealth
will compete in the Kentucky High School Mock Trial Tournament. The
state tournament, which is usually conducted in Lexington and
Frankfort, will be held in Louisville for the first time. The media and
public are invited to be present for the competition. Teams will
contend for the state title, with the winner going on to compete at the
National High School Mock Trial Tournament in Atlanta in May. Justice
Lisabeth Hughes Abramson of the Supreme Court of Kentucky will open the
state competition with remarks at 11:45 a.m. Friday, March 27, at the
judicial center.