22nd KACDL Annual Criminal Defense Law Conference & Seminar – Nov. 7th. Mark your calendar!!
November 7, 2008. Horseshoe Southern Indiana Resort & Casino (Near Louisville, Ky.)
Featured Speakers: Jonathan Turley John Wesley Hall, Jr.
“The zealous defense attorney is the last bastion of liberty –the final barrier between an overreaching government and its citizens.”
—Alan M. Dershowitz
“The Best Defense” Liberty’s Last Champions:
Renewing Our Commitment to Protect Basic Constitutional Rights
and Present the Best Defense for the Accused
444 Enterprise Drive, Suite B
Somerset, Kentucky 42501
22nd KACDL Annual Criminal Defense Law Conference & Seminar Schedule •
November 7, 2008 • Horseshoe Southern Indiana Resort & Casino 8:00 – 8:30 Registration
8:30 Welcome by Daniel T. Goyette, KACDL President
8:30 – 10:00 “Recent Developments and Case Decisions in the Appellate Courts”
Chief Justice John D. Minton, Jr. and Justice Mary C. Noble, Supreme Court of Kentucky; Chief Judge Sara Walter Combs and Judge Thomas B. Wine, Kentucky Court of Appeals
10:00 – 10:15 Coffee Break and Conversation With the Judges
10:15 – 11:15 “Effective Client Representation in Federal Criminal Cases:
Tips on Succesful Sentencing Advocacy and Useful Advice in Dealing with U.S.
Probation & Parole Officers”
Chief Judge John G. Heyburn, II, United States District Court for the Western District of Kentucky; Mr. Patrick Craig, Chief U.S. Probation Officer, and Ms. Kathryn Jarvis, Deputy Chief U.S. Probation Officer, Western District of Kentucky
11:15 – 12:15 “Kentucky DUI – 2008 Edition”
Judge (ret.) Stanley Billingsley and Wilbur M. Zevely, Esq.
12:15 – 1:15 Lunch — Awards Presentation
1:15 – 2:45 “Murder & Mayhem: The Role of Trials in the American Culture”
Professor Jonathan Turley, The George Washington University Law School
2:45 – 3:00 Break
3:00 – 4:30 “Ethical Considerations in Motion Practice Involving Search and Seizure Issues”
John Wesley Hall, Jr., President, National Association of Criminal Defense Lawyers
4:30 – 5:30 “Meeting the Challenges Currently Confronting the Criminal Defense Bar” Professor Jonathan Turley
5:30 – 7:00 “Meet and Greet” Cocktail Reception (Cash bar)
Immediately following the last presentation, everyone is invited to socialize with colleagues and continue informal discussion of the seminar topics with our speakers. Prof. Turley and Mr. Hall will be present for questions, conversation and photograph opportunities, and their publications will be available for sale with personalized autographs.
Continuing Legal Education:
Approval is pending for 7.25 hours of continuing legal education
(CLE) credits from the Kentucky Bar Association CLE
Commission, including 1 hour of ethics. Approval for CLE credits
in other states will be applied for upon request.
KACDL is a statewide association of criminal defense advocates
promoting the fair administration of criminal justice, and ensuring
the individual rights of Kentucky citizens accused of a crime.
Why You Should Not Miss This Seminar:
This seminar is designed to improve the practice and performance
of criminal defense advocates. The speakers are recognized among
the best in their respective areas of the law. The information and
skills derived from this seminar will enhance your legal knowledge
and ability, and can be put to effective use immediately in the
representation of your clients. Attendees are assured of leaving
the conference better criminal defense advocates than when they
SEMINAR FACULTY BIOGRAPHIES
Judge (Ret.) Stanley Billingsley served as a District Judge in
Carroll, Owen and Grant counties for 19 years, and as Senior Status
Judge assigned to the Circuit Court of Boone County for three and a half
years. He also served as Special Judge for one year in Boone Circuit Court
handling domestic relations cases. During his tenure he was assigned as
a Special Judge on numerous occasions in various Circuit and District
courts. He has the rare record of having served as a Judge in 26 counties.
In 1995 he was selected as the Outstanding Judge by the Kentucky Bar
Association. No other District Judge has ever been given this award. Prior
to being appointed to the bench, he practiced law for 13 years in Louisville
and Northern Kentucky.
Judge Billingsley is the co-author of Kentucky Driving Under the
Influence Law, published annually by the West-Thompson Publishing
Group since 1994. He is also Senior Editor of LawReader.com, an online
legal research library, which is used by over one thousand Kentucky
lawyers and numerous County Law Libraries and Public Libraries. For the last five years he has written and published a weekly synopsis of all decisions of the Kentucky Court of Appeals, and a Monthly synopsis of all decisions of the Kentucky Supreme Court. Additionally, he is a member of the Supreme Court Criminal Rules Committee, and served for four years on the Judicial Conduct Commission. He lives in Carrollton, Kentucky. He retired on March 22, 2006. He is a graduate of Western Kentucky University (1968), and University of Kentucky College of Law (1971).
Judge Sara Walter Combs is currently serving her 15th year on
the Kentucky Court of Appeals for the First Division of the 7th Judicial
District. Born in Louisville, Kentucky, Judge Combs resides in Powell
County at her farm, Fern Hill, where she and her late husband, the wellknown
and beloved former Governor Bert T. Combs, made their home.
Her background is filled with academic excellence: valedictorian at both
Sacred Heart Academy in Louisville and the University of Louisville
where she obtained a B.A. in French, she was recipient of a Woodrow
Wilson Fellowship and achieved the rank of second in her class at U of L
Law School. Both the College of Arts and Sciences and the Law School of
the University of Louisville honored Judge Combs by naming her among
their Distinguished Alumni.
Judge Combs’s professional experience includes teaching at both the high
school and university levels as well as the practice of law. Her range of
experience in the legal profession is quite broad. Initially practicing as an
associate with a sizable law firm in Louisville, she then served as corporate
counsel to an advertising company, practiced closely with her late husband,
and became the sole proprietor of her own small law office in Stanton. She
has brought a diverse range of training and experience to the bench.
She has also made history in a series of firsts. Sara was the
Commonwealth’s first woman to serve on the Supreme Court. She was
elected the Chief Judge of the Court of Appeals in May of 2004, was
the first woman to serve as Chief of an appellate court in Kentucky, and
was the first Chief Judge of the Court of Appeals from the mountains of
Patrick Craig is a graduate of Western Kentucky and Eastern
Kentucky Universities with Bachelor of Science Degrees in Business
Administration and Corrections Administration, respectively. In
1978 Mr. Craig began his career as a probation officer with the state of
Kentucky, specifically in the Elizabethtown, Kentucky, office. After
10 years of service with the state, Mr. Craig was sworn in as a federal
probation officer in the Western District of Kentucky in March of 1988.
In his 20 years of service in the Western District of Kentucky, Mr. Craig
served from 1988 to 1991 as a presentence writer; from 1991 to 1995 as
the guideline and sentencing specialist; from 1995 to 1999 as a supervising
United States Probation Officer; from 1999 to 2003 as the Deputy Chief
U.S. Probation Officer; and in 2003 was appointed to his current position of
Chief United States Probation Officer for the Western District of Kentucky.
Mr. Craig currently works with the Federal Judicial Center as faculty for
the Executive Team Seminar program, and currently chairs the National
Search and Seizure Working Group for the Office of Probation and Pretrial
John Wesley Hall, Jr., a Little Rock, Ark., criminal defense attorney,
was recently sworn in as the 50th President of the National Association of
Criminal Defense Lawyers (NACDL). NACDL, originally the National
Association of Defense Lawyers in Criminal Cases, was founded in
Chicago in 1958 by a small group of defense lawyers who specialized in
criminal cases and aspired to excellence and professionalism in criminal
practice. Hall previously served as NACDL’s Secretary, Treasurer, Second
and First Vice President and President-Elect, as well as a member of the
organization’s Board of Directors from 1989-1995 and 1997-2003.
A member of the NACDL since 1983 and a life member since 1990, Hall
received the organization’s prestigious Robert C. Heeney Award in 2002
for service to the criminal defense bar. In addition, he was chair of the
NACDL Ethics Advisory Committee from 1990-2005.
As the author of the two-volume treatise Search and Seizure (Lexis Law
Publishing), Hall is the only published Fourth Amendment scholar and
author who actively handles criminal cases. Hall writes on search and
seizure for Lexis Law Publishing and daily at www.fourthamendment.
com, and on trial practice and criminal defense ethics for Thomson-
West law publishing company. He is also the author of Professional
Responsibility in Criminal Defense Practice (Thomson West), Trial
Handbook for Arkansas Lawyers (Thomson West) and numerous journal
articles and monographs. His much-reprinted article “Defensive Defense
Lawyering or Defending the Criminal Defense Lawyer From the Client,”
11 U. Ark Little Rock L.J. 329, won the law school’s “Best Article” award for 1989. He is a frequent contributor to NACDL’s monthly magazine, The Champion.
Hall has tried approximately 250 jury trials, handled over 200 appeals,
argued twice before the U.S. Supreme Court, and defended a military
officer accused of war crimes in an international tribunal in Sierra Leone.
He is a frequent speaker and expert witness on criminal defense ethics.
A native of Watertown, N.Y., he received his Bachelor’s in English from
Hendrix College, in Conway, Ark., and his Juris Doctor degree from the
University of Arkansas, Fayetteville, Leflar Law Center, in 1973. He also
attended the University of Arkansas at Little Rock School of Law.
John Wesley Hall, Jr. is a past president of the Arkansas Association of
Criminal Defense Lawyers, an NACDL affiliate. Since 1979, Hall has
worked in private practice at his own firm, the Law Offices of John Wesley
Hall, Jr., P.A. He is a member of the bars of Arkansas, Nevada, New
York, Tennessee, the District of Columbia and the International Criminal
Court, where he also is the only American Lawyer elected by the list of
counsel to the ICC’s Disciplinary Appeals Tribunal.
Judge John G. Heyburn, II grew up in Louisville, Kentucky. In
1970 he received his A.B. degree from Harvard University where he
majored in history and received seven varsity letters for participation in
cross country and track. Judge Heyburn received his J.D. degree from the
University of Kentucky in 1976.
From 1976 until his appointment to the bench, Judge Heyburn was
associated with the law firm of Brown, Todd & Heyburn, where he
was a partner at the firm from 1982 through 1992. His legal practice
focused on civil litigation, with an emphasis on problems within the
construction industry. Judge Heyburn was a frequent seminar speaker
on that subject. Judge Heyburn also served as special counsel to then
Jefferson County Judge Executive Mitch McConnell and as counsel for
two citizen commissions established to draft a new governmental charter
for Louisville and Jefferson County.
On March 20, 1992, President Bush nominated Judge Heyburn to the
United States District Court for the Western District of Kentucky.
He was confirmed by the United States Senate in August, 1992. Since
December, 2001, Judge Heyburn has served as Chief Judge of the Western
District of Kentucky. During this time Judge Heyburn served on the
Sixth Circuit Judicial Council and on the Executive Committee of the
Federal Judges Association.
In 1994, Chief Justice Rehnquist appointed Judge Heyburn to serve on
the Budget Committee of the Judicial Conference of the United States. In
January, 1997, the Chief Justice appointed Judge Heyburn as Chair of the
Budget Committee. He served as Chair for eight years, until December,
2004. In that role Judge Heyburn led development of the appropriations
request for the entire federal judiciary. Additionally, he has worked with
the government of the Republic of Ireland as it reformed its justice system
to create a more independent judicial branch.
In June, 2007, Chief Justice Roberts appointed Judge Heyburn as Chair of
the Judicial Panel on Multidistrict Litigation. The Panel decides whether
cases in districts around the country, including many nationwide class
actions, should be consolidated and the appropriate site for consolidation.
Kathryn Jarvis earned a B.A. in Sociology from Furman University
in 1990 and a Masters in Social Work as well as a Certificate in Theology
from the Southern Baptist Theological Seminar in 1993. Shortly
thereafter she was hired as a U.S. Probation Officer in the Western
District of Kentucky. For the first 6 years of her career (1993-1999),
Kathryn primarily wrote presentence reports. In 1999 she was promoted
to Supervisor, and in 2003 was promoted to Deputy Chief. Kathryn also
serves as faculty for the Federal Judicial Center’s leadership development
programs for experienced supervisors and for newly promoted Deputy
Chief Justice John D. Minton, Jr. was sworn in as the fifth chief
justice of Kentucky on June 27, 2008, after serving two years as a justice
on the Supreme Court. He succeeds Chief Justice Joseph E. Lambert.
In November 2006, Chief Justice Minton was elected to an eight-year
term on the Supreme Court of Kentucky after running unopposed in
the 2nd Supreme Court District, which is comprised of 14 counties in
western Kentucky. He first joined the Supreme Court in July 2006 when
then-Gov. Ernie Fletcher appointed him to fill the unexpired term created
by the June 30, 2006, retirement of Justice William S. Cooper. Before
sitting on the Supreme Court, Chief Justice Minton had been a judge on
the Kentucky Court of Appeals, the state’s intermediate appellate court,
since November 2003.
Chief Justice Minton came to the appellate bench from the trial court.
He was judge of the Warren Circuit Court from 1992 to 2003. In
addition to his trial court duties, he also served by special appointment
of the late Chief Justice Robert F. Stephens and then-Chief Justice
Joseph E. Lambert as chief regional judge of the Green River Region, an
administrative post assisting the chief justice with assigning special judges
in a 21-county area of south central Kentucky.
While on the Circuit Court bench, Chief Justice Minton was recognized
for his leadership in forming Warren County Drug Court and for his
commitment to law-related education programs. In 2003, the Kentucky
Bar Association honored him with it Outstanding Judge Award. Chief
Justice Minton was actively involved in continuing judicial education as a
longtime member of the Education Committee of the Kentucky Circuit
Prior to his election to the circuit bench, Chief Justice Minton engaged in
the private practice of law in Bowling Green, Kentucky, for more than 15
years. He graduated from the University of Kentucky College of Law in
1977 and was admitted to the Kentucky bar that same year. He earned
his bachelor’s degree with honors from Western Kentucky University in
1974 and is a 1970 graduate of Western’s University High School.
Justice Mary C. Noble was elected to the Supreme Court of Kentucky in November
2006 to serve the 5th Supreme Court District. Justice Noble began her judicial career in 1991 when she was elected circuit judge for Fayette County. She was re-elected to that office in 2000, where she served until her election to the Supreme Court. While on the Circuit Court bench, she served two terms, 1998 to 2002, as chief regional circuit
judge. Justice Noble is one of the founders of Kentucky Drug Courts and
served as a Drug Court judge from 1996 to November 2006. She has
been a member of the National Association of Drug Court Professionals
Congress of State Drug Courts since its inception and has served as its
president. She currently serves on the board of the National Association
of Drug Court Professionals. Justice Noble earned a bachelor’s degree in
1971 and a master’s degree in 1975 from Austin Peay State University in
Clarksville, Tenn. She completed her Juris Doctor at the University of
Kentucky College of Law in 1981. She was in private practice from 1981
to 1991 and served as domestic relations commissioner from 1989 to 1991
before being elected circuit judge. Justice Noble was born in Jackson, Ky.,
in 1949. She and her husband Larry Noble, live in Lexington.
Jonathan Turley is a nationally recognized legal scholar who has
written extensively in areas ranging from constitutional law to legal
theory to tort law. He has written over three dozen academic articles
that have appeared in a variety of leading law journals at Cornell, Duke,
Georgetown, Harvard, Northwestern, and other schools.
After a stint at Tulane Law School, Professor Turley joined the George
Washington faculty in 1990 and, in 1998, was given the prestigious
Shapiro Chair for Public Interest Law, the youngest chaired professor in
the school’s history. In addition to his extensive publications, Professor
Turley has served as counsel in some of the most notable cases in the last
two decades ranging, representing whistleblowers, military personnel,
and a wide range of other clients. These include his representation of
the Area 51 workers at a secret air base in Nevada; the nuclear couriers
at Oak Ridge, Tennessee; the Rocky Flats grand jury in Colorado; Dr.
Eric Foretich, the husband in the famous Elizabeth Morgan custody
controversy; and four former United States Attorneys General during
the Clinton impeachment litigation. Professor Turley has also served as
counsel in a variety of national security cases, including espionage cases
like that of Jim Nicholson, the highest ranking CIA officer ever accused
of espionage. Turley also served as lead defense counsel in the successful
defense of Petty Officer Daniel King, who faced the death penalty for
alleged spying for Russia. Turley also served as defense counsel in the
case of Dr. Tom Butler, who is facing criminal charges dealing with the
importation and handling of thirty vials of plague in Texas. He also served
as counsel to Larry Hanauer, the House Intelligence Committee staffer
accused of leaking a classified Presidential National Intelligence Estimate
to the New York Times. (Hanauer was cleared of all allegations).
Among his current cases, Professor Turley represents Dr. Ali Al-Timimi,
who was convicted in Virginia in 2005 of violent speech against the United
States. He also represents Dr. Sami Al-Arian, accused of being the American
leader of a terrorist organization while he was a university professor in Florida.
Turley has served as a consultant on homeland security and constitutional
issues, including the Florida House of Representatives.
Professor Turley is a frequent witness before the House and Senate on
constitutional and statutory issues as well as tort reform legislation.
Professor Turley is also a nationally recognized legal commentator.
Professor Turley was ranked as 38th in the top 100 most cited “public
intellectuals” in the recent study by Judge Richard Posner. Turley was also
found to be the second most cited law professor in the country. In 2008,
he was ranked in a study of the nation’s top 500 lawyers – one of only a
handful of academics. In prior years, he was ranked as one of the nation’s
top ten lawyers in military law cases as well as one of the top 40 lawyers
Professor Turley’s articles on legal and policy issues appear regularly in
national publications with over 500 articles in such newspapers as the
New York Times, Washington Post, USA Today, Los Angeles Times and
Wall Street Journal. He is on the Board of Contributors of USA Today. In
2005, Turley was given the Columnist of the Year award for Single-Issue
Advocacy for his columns on civil liberties by the Aspen Institute and the
Week Magazine. Professor Turley also appears regularly as a legal expert
on all of the major television networks, and is often a guest on the Sunday
talk shows with over two-dozen appearances on Meet the Press, ABC
This Week, Face the Nation, and Fox Sunday. Professor Turley teaches
courses on constitutional law, constitutional criminal law, environmental
law, litigation, and torts. He is the founder and executive director of the
Project for Older Prisoners (POPS).
Professor Turley received his B.A. at the University of Chicago and his
J.D. at Northwestern. (In 2008, he was given an honorary Doctorate of
Law from John Marshall Law School for his contributions to civil liberties
and the public interest).
Kentucky Court of Appeals, Fourth Judicial District. He was appointed
to that position in August 2006 and elected to a full eight year term in
November 2006. Previously he served for nearly 15 years as a trial judge
in the Jefferson County Circuit Courts. During that time he was elected
to serve as Chief Judge of the Circuit Court. He has lectured at various
seminars presented by the Kentucky and Louisville Bar Associations.
Prior to serving as a judge, he was engaged in the private practice of law,
representing clients in both Circuit and District Courts in criminal
matters as well as civil and domestic cases.
Previously, from October 1980 until December 1990, he served as a
prosecutor in the Jefferson County Commonwealth’s Attorney Office,
as well as the Kentucky Office of Attorney General. Responsibilities
included prosecuting jury trials, conducting investigations and supervising
staff attorneys and support staff.
Judge Wine is a member of the American, Kentucky and Louisville Bar
Associations. He is also a member of the Louis D. Brandeis, American
Inns of Court and has served as President of the Inn. In 1982 he was
nominated as Prosecutor of the Year by his fellow prosecutors in the
Commonwealth’s Attorney office and in 1997, the Louisville Bar
Association selected him as Judge of the Year. He graduated from the
University of Louisville, undergraduate studies, and the Brandeis School
Wilbur M. Zevely, a partner in the Florence, Kentucky law firm
of Buswald, Funk, & Zevely, P.S.C., has practiced law since 1972,
concentrating on DUI jury trials in counties throughout Kentucky and
in Southern Ohio. Mr. Zevely received his B.S. from the University of
Cincinnati in 1968, and his J.D. from the Salmon P. Chase School of Law
at Northern Kentucky University in 1972. Prior to entering the practice
of law, he worked as a chemist for the Monsanto Company, under contract
with the U.S. Atomic Energy Commission.
For many years, Mr. Zevely has lectured on DUI issues for the Kentucky
Association of Criminal Defense Lawyers (KACDL), the Kentucky
Bar Association, and the Judicial College for Kentucky District Court
Judges. He has served as a Director and Treasurer of KACDL. Mr.
Zevely also is a member of the Kentucky Bar Association, the Cincinnati
Bar Association, and the Greater Cincinnati Criminal Defense Lawyer’s
Mr. Zevely is the co-author of Kentucky Driving Under the Influence
Law, published annually by West-Thompson Publishing Group since
“An advocate, by the sacred duty which he owes his client, knows, in the discharge of that office, but one person in the world, that client and none other. To save that client by all expedient means – to protect that client at all hazards and costs to all others, and among others to himself, — is the highest and most unquestioned of his duties; and he must not regard the alarm, the suffering, the torment, the
destruction which he may bring upon any other. Nay, separating even the duties of a patriot from those of an advocate, and casting them, if need be, to the wind, he must go on reckless of the consequences, if his fate it should unhappily be, to involve his country in confusion for his client’s protection.” —Henry Brougham, British Barrister (1820