LAWREADER SUBMITS QUESTIONAIRE FOR NOMINEES FOR THE KBA BOARD OF GOVERNORS

LAWREADER SUBMITS QUESTIONAIRE FOR NOMINEES FOR THE KBA BOARD OF GOVERNORS
DEC. 8. 2012

The following questionnaire will be submitted to all candidates for election as members of the Board of Governors in the December 2012 Board of Governors election. The answers will be published on LawReader.com. not later than December 20th. We invite any comments of one page or less, which you wish to be published on LawReader concerning your candidacy.
If you choose not to respond to this questionnaire, that is your right. However we will point out to our readers in the legal profession that you apparently side with the current Board Members who have a history of refusing to provide access to public records, and refusing to reveal how much the KBA spends on hiring outside counsel when they have nine full time lawyers on their staff.
1) Were you a member of the Board of Governors when the Board authorized the hiring of outside counsel to defend the KBA against the Federal Civil Rights action seeking a ruling that SCR 3.130 (8.2), (which limits the free speech of attorneys), was unconstitutional, and which cost the KBA approximately $400,000 in legal fees and court costs?
Yes____ No_____
1.a. In the Senator John M. Berry /ACLU case, in which he the Bar Counsel investigated Berry for having written a letter to the Legislative Ethics Commission critical of how they conducted a hearing involving Sen. David Williams. I would have voted to repeal the rule in SCR 3.130 (8.2) which limits the free speech of attorneys.
Yes___ No____
2) The last two KBA Presidents have declined to comply with requests for disclosure of the expenditures made by the Board of Governors to hire outside counsel in the last two years. One large law firm, has a member on the KBA Board of Governors, has done quite well in receiving large fees from the KBA Board. Are you in favor of full public disclosure of all KBA expenditures?
Yes___ No____

3) Would you support a change in the Supreme Court Rules which would:
a. Require that all ethics investigations and prosecutions be completed within one year consistent with the Speedy Trial rule in criminal prosecutions.
Yes ____ No____

b. Adopt a statute of limitations against the Bar Counsel bringing any ethics prosecution more than five years old, if it did not involve a felony offense, or financial loss to the client in excess of $5000.
Yes ____ No____

c. Would you repeal the SCR rule which allows the Bar Counsel to secretly dismiss any ethics complaint without having to report the dismissal to the Inquiry Commission, The Board, or the Supreme Court.
Yes ____ No____

d. Would you support repeal of the SCR rule which currently allows the Bar Counsel to deny reinstatement of any attorney who has served their sanction of suspension imposed by the Supreme Court. Would you support a reform taking away from the prosecutor the power to increase the sanction by merely writing a letter. The Bar Counsel currently can overrule the sentence of the Supreme Court and delay reinstatement by merely writing a letter to the Character and Fitness Committee.
Yes ____ No____

e. Do you believe that KBA officials when charged with ethics offenses, should receive special treatment denied to lawyers.
Yes ____ No____

f. Would you favor adoption of a Supreme Court Rule which would require the Board of Governors and the Supreme Court to conduct annual administrative review of the Bar Counsel’s Office, regarding conflicts of interest, reasons for excessive delays, reasons for dismissal of all complaints, review claims of excessive prosecution, review workloads, and investigate other administrative issues related to the Bar Counsel’s office?
Yes ____ No____

g. Would you favor adoption of a SCR which would allow the Supreme Court Clerk to assume the duties of the Disciplinary Clerk to select Trial Commissioners completely at random from the list of nominees submitted by the Supreme Court, and without ex parte communication with the Bar Counsel’s office or Board Members?
Yes ____ No____

h. Would you favor adoption of a SCR which would make it an ethical violation for any Board member, member of the Bar Counsel’s Office, Inquiry Commission, or Trial Commissioner to fail to remove themselves from a pending ethics prosecution, when they, or a member of their family, or law firm would financially benefit from the outcome of any ethics prosecution?
Yes ____ No____

i. Would you favor adoption of a SCR which would mandate that all plea bargains made by the Bar Counsel’s office are contracts, which must be honored by the Bar Counsel’s office?
Yes ____ No____

j. Would you favor the adoption of a SCR rule which would allow the U.S. Attorney, the County Attorney and the Commonwealth Attorney, to demand an Accounting and publication of all disbursements of funds to clients and lawyers, paid out in class action civil cases?
Yes ____ No____

k. Do you believe that the SCR rule which requires confidentiality of ethics investigations and prosecutions, applies to administrative actions of the KBA, not directly related to a pending ethics investigation or prosecution?
Yes ____ No____

l. Would you favor a rule allowing defendant attorneys appearing before the Trial Commissioner and the Board of Governors to make a recording of their hearing?
Yes ____ No____

n. Would you favor a rule which would require all ethics rulings and orders by the Board of Governors to be accessible to the public? This record would show votes of Board of Governors members on all formal actions.
Yes ____ No____

o. Would you favor a rules change that would allow election of the KBA President directly by all members of the Kentucky Bar Association.
Yes ____ No____

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