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Bert T. Combs and the Law BERT T. COMBS AND THE LAW CLE Credit: 1.0 Thursday, May 12, 2016 12:00 p.m. - 1:00 p.m. Cascade Ballroom A Kentucky International Convention Center Louisville, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenters ................................................................................................................. i Bert Combs: Attorney at Law .......................................................................................... 1 Executive Order: Desegregation in Places of Public Accommodations ........................... 5 Executive Order: The State Merit System ....................................................................... 7 Letter from President John F. Kennedy ........................................................................... 9 Bert T. Combs, Lawyer, Judge, Statesman ................................................................... 11 The Separation of Governmental Powers under the Constitution of Kentucky: A Legal and Historical Analysis of L.R.C. v. Brown ........................................................ 13 Creative Constitutional Law: The Kentucky School Reform Law .................................. 71 Bert Combs & the Quiet Revolution: The Quest for A New Kentucky Politics, 1955-1960 ...................................................... 81 THE PRESENTERS Judge Sara W. Combs Kentucky Court of Appeals Post Office Box 709 Stanton, Kentucky 40380 (606) 663-0651 [email protected] JUDGE SARA W. COMBS serves on the Kentucky Court of Appeals, representing District 7, Division 1. She earned her B.A. and M.A. from the University of Louisville and her J.D. from the Louis D. Brandeis School of Law at the University of Louisville. From 1979-1982, she was an associate with Wyatt, Tarrant, & Combs. From 1982-1989, Judge Combs served as Vice-President of Corporate Development and General Counsel for Naegele Outdoor Advertising Company. Judge Combs maintained a solo practice from 1989-1993. She was appointed as Associate Justice to the Kentucky Supreme Court in 1993 and was later elected to the Court of Appeals, where she served as Chief Judge for six years and now continues her service as a judge on that court. In 1999, she received an Honorary Doctor of Laws degree from Pikeville College and is a member of their Board of Trustees. Judge Combs received the Law Related Education Award of Achievement for the Kentucky Court of Justice in May 1998 and again in 2005. Boards on which she currently serves include: Pikeville College Board of Trustees, Lees College Board of Trustees, E.O. Robinson Foundation, and Thomas D. Clark Foundation. She is a former member of the Boards of the Kentucky Mountain Laurel Festival, the Montgomery County Schools Education Foundation, and the Governors Scholars program. Awards conferred on Judge Combs include: Brandeis School of Law Distinguished Alumna Award, 1994; University of Louisville Alumni Fellow Medallion, 1996; Kentucky Court of Justice Law Related Education Award of Achievement, 1998 and 2005; Pikeville College Honorary Doctor of Laws, 1999; Morehead State University Doctor of Public Service, 2002; Department of Public Advocacy Public Advocate Award, 2006; Union College Honorary Doctor of Laws, 2007; the Justice Thomas B. Spain Award for Outstanding Service in Continuing Legal Education, 2001; and Kentucky Bar Association Outstanding Judge of the Year, 2010. Judge Combs is a member of the Louisville and Kentucky Bar Associations. i William E. Johnson Johnson Bearse, LLP 326 West Main Street Frankfort, Kentucky 40601 (502) 605-6100 [email protected] WILLIAM E. JOHNSON is a partner in the law firm of Johnson Bearse, LLP in Frankfort and practices in the areas of civil and criminal litigation. He attended Eastern Kentucky University and received his J.D. from the University of Kentucky College of Law. Mr. Johnson is admitted to practice before the United States District Courts for the Eastern and Western Districts of Kentucky, pro hac vice for the United States District Courts for the Virgin Islands, District of Kansas, Southern District of Ohio, the United States Court of Appeals for the Third and Sixth Circuits, and the United States Supreme Court. He is a member of the American Bar Association, Association of Trial Lawyers of America, Kentucky Academy of Trial Lawyers (President, 1979), Franklin County Bar Association (President, 1980), Kentucky Association of Criminal Defense Lawyers (President, 1990), Kentucky Bar Foundation, and the Kentucky Bar Association (President, 2014-15). In addition, he is a Fellow of the American College of Trial Lawyers, International Academy of Trial Lawyers, American Board of Criminal Lawyers, Roscoe Pound Foundation and the Melvin Belli Society. Mr. Johnson is a contributing author of Kentucky Appellate Handbook, Impeachment of Witnesses, and Kentucky Civil Practice Before Trial. He is the recipient of numerous awards and recognitions. Mr. Johnson is a veteran of the United States Army, reaching the rank of Captain. Keith L. Runyon Post Office Box 244 Harrods Creek, Kentucky 40027 (502) 396-2192 [email protected] KEITH L. RUNYON retired in 2012 after forty-three years as a writer and editor with The Courier Journal. For most of his career, he was involved in the opinion functions of the newspaper as opinion pages editor. Currently he is a media specialist who consults for several organizations, including the Center for Interfaith Relations and Preservation Louisville. His weekly commentary on the news appears on WFPL-FM and wfpl.org each Friday. Mr. Runyon received his B.A. from the University of Louisville and his J.D. from the Louis D. Brandeis School of Law at the University of Louisville. He is a member of the Kentucky Bar Association. ii Sheryl G. Snyder Frost Brown Todd LLC 400 West Market Street, 32nd Floor Louisville, Kentucky 40202-3363 (502) 589-5400 [email protected] SHERYL G. SNYDER is a member in the Louisville office of Frost Brown Todd LLC where he represents businesses in complex litigation. He is also "the state's premier appellate lawyer" according to Chambers USA. Mr. Snyder received his B.A. from the University of Kentucky and his J.D. from the University of Kentucky College of Law, where he served as Editor-in-Chief of the Kentucky Law Journal. After law school, he served as law clerk to Honorable M.C. Matthes, Chief Judge, United States Court of Appeals for the Eighth Circuit. Mr. Snyder is admitted to practice before the United States Courts of Appeals for the Third, Fourth, Sixth, Seventh, Eighth, Tenth and Eleventh Circuits, and the United States Supreme Court. He is co-author of the treatise "Appellate Practice," Vol. 19 Kentucky Practice. Mr. Snyder is a past president of both the Louisville and Kentucky Bar Associations and a member of the Tennessee, Texas, and Missouri Bar Associations. He is also a Fellow of the American Academy of Appellate Lawyers and the Litigation Counsel of America and a Life Member of the Sixth Circuit Judicial Conference. Mr. Snyder serves on the board of directors of the Louisville Zoo and has served on the boards of directors of numerous community organizations including, Actors Theatre of Louisville, Metro United Way, the Louisville Orchestra, and Leadership Kentucky. iii iv BERT COMBS: ATTORNEY AT LAW Judge Sara Walter Combs I. THE LAW AS VOCATION For Bert Combs, the practice of law was more than a profession to provide a means of making a living. It was a profound calling, a way of life, and a constant anchor in his life. It was to the practice of law that he always returned after every phase of varied periods of public service. A. Admission to the Bar: 1937 B. Private Practice of Law: 1937-1942 C. Service in U.S. Army in World War II in the JAG Corps: 1942-1945 He was appointed by General McArthur to serve as the chief investigative officer and prosecutor of war crimes of the Japanese in Manila in the Philippines, again utilizing his legal training in yet another form. These trials were the Southeast Asian counterpart of the Nuremberg trials that later occurred in Europe with respect to the Nazis. D. Return to Private Practice: 1945-1951 E. Judge, Kentucky Court of Appeals (then the highest court in Kentucky before the passage of the Judicial Article in 1975 and the ensuing restructuring of the courts), 1951-1954 F. Return to Private Practice and an Unsuccessful Bid for Governor in 1955 G. Governor of Kentucky: 1959-1963 H. Return to Private Practice: 1963-1967 I. Judge, Sixth Circuit Court of Appeals: 1967-1970 J. Return to Private Practice
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