Governor Fletchers Influence on the Appealate ladder of Com. v Fletcher

Any appeal of Com. V. Fletcher, would go from the Franklin District Court (Judge Melcher), to the Franklin Circuit Court, then either to the Ct. of Appeals, or possibly to the Ky. Supreme Court. 
The following charts show the make up of the current courts in the appellate ladder and identifies those appointed by Gov. Fletcher.
Makeup of Supreme Court
Makeup of Ct. of Appeals
Makeup of Franklin Circuit Court
Recusal Procedures  Statutory requirements for Judge to Recuse himself.
***********************
Current Makeup of the KY. Supreme Court
 

Chief Justice
Joseph E. Lambert3rd Supreme Court District
Author of ? Footnote 16? which said ?some have made a strong argument for immunity from prosecution?

Justices

Retiring J. William Graves1st Supreme Court District
Will be replaced in Jan. of 2007 by newly elected Justice
 
John C. Roach- 5th Supreme Court District
Appointed by Gov. Fletcher
 

Faces race in Dec. against Judge Mary Noble.

John D. Minton, Jr. - 2nd Supreme Court District
Appointed by Gov. Fletcher
Unopposed in Nov.
 
Retiring Donald C. Wintersheimer6th Supreme Court District
Will be replaced in Jan. of 2007 by newly elected Justice —
either Marcus Carey or Ct. of Appeals Judge Wil Schroder
William  E. McAnulty, Jr.4th Supreme Court District
Appointed by Gov. Fletcher
 

Faces race in Nov. against Judge Ann Shake.

 
Will T. Scott, Deputy Chief Justice- 7th Supreme Court District
Does not face election this year.

 

 

 

                                    Current  Makeup of the Court of Appeals
                    
  Six of 14 Ct. of Appeals Judges will have been appointed by Governor Fletcher.

       This court assigns three judge panels to hear appeals from Circuit Court.

 

 
Chief Judge – Sara W. Combs 7th District, 1st Division
     
Judges – Rick Johnson 1st District, 1st Division
Appointed by Gov. Fletcher
Donna Dixon
1st District, 2nd Division
  Jeff S. Taylor 2nd District, 1st Division
To be appointed by Gov. Fletcher within days
Vacant
2nd District, 2nd Division
To be appointed by Gov. Fletcher within days
Vacant
3rd District, 1st Division
  Michael L. Henry 3rd District, 2ndDivision
To be appointed by Gov. Fletcher within days
Vacant
4th District, 1st Division
Appointed by Gov. Fletcher
Lisabeth Abramson
4th District, 2nd Division
  Laurance B. VanMeter 5th District, 1st Division
To be appointed by Gov. Fletcher with days.
Vacant
5th District, 2nd Division
  Daniel T. Guidugli 6th District, 1st Division
  Wilfrid Schroder 6th District, 2nd Division
  David A. Barber 7th District, 2nd Division
     
     
     

 

                             Current Makeup of Franklin Circuit Court
 

Hon. O. Reed Rhorer Chief Circuit Judge Family Court Judge 321 West Main, Frankfort, KY 40601-1803 Franklin   Cir. 48, Div. 03 Family  ,  
Hon. Thomas D. Wingate Circuit Judge Courthouse 218 St. Clair Street, Frankfort, KY 40601

 

Franklin   Cir. 48, Div. 02  ,  
Hon. Sam McNamara

Appointed by Gov. Fletcher

Circuit Judge PO Box 678, Frankfort, KY 40602

 

 

       

 

                                    Recusal procedures
 

             KRS 26A.015 mirrors the requirements of the Judicial Code of Conduct regarding recusal of judges.

 

KRS 26A.015 Disqualification of justice or judge of the Court of Justice, or master
commissioner.
 

(1) For the purposes of this section the following words or phrases shall have the
meaning indicated:
 

(a) “Proceeding” includes pretrial, trial, appellate review, or other stages of
litigation;
 

(b) “Fiduciary” includes such relationships as executor, administrator, conservator,
trustee, and guardian;
 

(c) “Financial interest” means ownership of a legal or equitable interest, however
small, or a relationship as director, adviser, or other active participant in the
affairs of a party, except that:
 

1. Ownership in a mutual or common investment fund that holds securities,
or a proprietary interest of a policyholder in a mutual insurance company,
of a depositor in a mutual savings association, or a similar proprietary
interest, or ownership of government securities is a “financial interest”
only if the outcome of the proceeding could substantially affect the value
of the interest;
 

2. An office in an educational, religious, charitable, fraternal, or civic
organization is not a “financial interest” in securities held by the organization.
 

(2) Any justice or judge of the Court of Justice or master commissioner shall disqualify himself in any proceeding:
 

(a) Where he has a personal bias or prejudice concerning a party,
 or personal knowledge of disputed evidentiary facts concerning the proceedings,
 or has expressed an opinion concerning the merits of the proceeding;
 

(b) Where in private practice or government service he served as a lawyer or
rendered a legal opinion in the matter in controversy, or a lawyer with whom
he previously practiced law served during such association as a lawyer
concerning the matter in controversy, or the judge, master commissioner or
such lawyer has been a material witness concerning the matter in controversy;
 

(c) Where he knows that he, individually or as a fiduciary, or his spouse or minor
child residing in his household, has a pecuniary or proprietary interest in the
subject matter in controversy or in a party to the proceeding;
 

(d) Where he or his spouse, or a person within the third degree of relationship to
either of them, or the spouse of such a person:
 

1. Is a party to the proceeding, or an officer, director, or trustee of a party;
 

2. Is acting as a lawyer in the proceeding and the disqualification is not
waived by stipulation of counsel in the proceeding filed therein;
 

3. Is known by the judge or master commissioner to have an interest that
could be substantially affected by the outcome of the proceeding;
 

4. Is to the knowledge of the judge or master commissioner likely to be a
material witness in the proceeding.
 

(e) Where he has knowledge of any other circumstances in which his impartiality might reasonably be questioned.
 

   *NOTE:  The judge is generally considered to be in the best
     position to determine whether questions regarding his impartiality
     are reasonable. Jacobs v. Commonwealth, Ky. App., 947 S.W.2d 416 (1997).
 

(3) (a) Any justice or judge of the Court of Justice disqualified under the provisions of
this section shall be replaced by the Chief Justice.
 

(b) Any master commissioner disqualified under the provisions of this section or
unable to discharge the duties of his office for any other reason shall be
replaced by a special commissioner who shall be appointed by the judge of the
court before whom the action is pending. The special commissioner shall meet
the same qualifications as a master commissioner and shall take an oath and
execute a bond as the regular commissioner is required to do.
 

Effective: July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 41, effective July 1, 1982. — Created
1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 4.
Note: 1980 Ky. Acts ch. 396, sec. 44 would have amended this section effective July 1,
1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141,
sec. 146, also effective July 1, 1982.
 

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