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2012 Annual Convention Materials

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2012 Annual Convention Materials FEATURE CLE & PANEL DISCUSSION DEFENDING MERIT SELECTION CLE Credit: 2.0 Wednesday, June 6, 2012 12:30 p.m. - 2:40 p.m. Grand Ballroom Galt House Hotel Louisville, Kentucky 1 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: Kanet Pol & Bridges 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association 2 TABLE OF CONTENTS The Presenters................................................................................................................... i Approaching the Bench ..................................................................................................... 1 The Essentials and Expendables of the Missouri Plan The 2009 Earl F. Nelson Lecture ...................................................................................... 9 3 4 THE PRESENTERS Justice Sandra Day O’Connor (Ret.) Supreme Court of the United States One First Street NE Washington, DC 20543 Photograph by Dane Penland Collection of the Supreme Court of the United States JUSTICE SANDRA DAY O’CONNOR is the first woman to serve on the Supreme Court of the United States. She received her B.A. and LL.B. from Stanford University. Justice O’Connor served as Deputy County Attorney of San Mateo County, California from 1952–1953 and as a civilian attorney for Quartermaster Market Center, Frankfurt, Germany from 1954–1957. From 1958–1960, she practiced law in Maryvale, Arizona, and served as Assistant Attorney General of Arizona from 1965–1969. She was appointed to the Arizona State Senate in1969 and was subsequently reelected to two two-year terms. In 1975 she was elected Judge of the Maricopa County Superior Court where she served until 1979, when she was appointed to the Arizona Court of Appeals. President Reagan nominated her as an Associate Justice of the Supreme Court, and she took her seat September 25, 1981. Justice O’Connor retired from the Supreme Court on January 31, 2006. In 2009, her accomplishments were acknowledged by President Obama who honored her with the Presidential Medal of Freedom. Panelists Professor William H. Fortune, Moderator University of Kentucky College of Law 620 South Limestone Lexington, Kentucky 40506-0048 (859) 257-1678 PROFESSOR WILLIAM H. FORTUNE is winding up a long career at the University of Kentucky College of Law. He has written articles and books on issues of professional responsibility and has been a frequent ethics presenter for the KBA and other groups. Professor Fortune received the Kentucky Bar Association Justice Thomas B. Spain Award in 2008 for his CLE contributions. In 2009 he was the recipient of the Chief Justice’s Special Service Award for his work with the Court. i Justice Lisabeth Hughes Abramson Supreme Court of Kentucky Jefferson County Judicial Center 800 West Jefferson Street, Suite 1000 Louisville, Kentucky 40202-4737 (502) 595-3199 JUSTICE LISABETH HUGHES ABRAMSON was sworn in as a Justice for the Supreme Court of Kentucky on Sept. 10, 2007, after being appointed to fill the vacancy created by the retirement of the late Justice William E. McAnulty, Jr. She has served on the Kentucky Court of Appeals twice in her career – she was appointed on June 30, 2006, to fill a vacancy in Division 2 of the 4th Appellate District and subsequently elected to that position in November 2006. Justice Abramson first served as a Court of Appeals judge from 1997 to 1998. From January 1999 until her 2006 appointment to the Court of Appeals, she served as a circuit judge in Jefferson County. Justice Abramson earned a bachelor’s degree from the University of Louisville, with highest honors, and graduated magna cum laude from the Brandeis School of Law at the University of Louisville, being named the Outstanding Graduate of her law school class. Before serving as a judge, she practiced law for fifteen years, concentrating on business and commercial litigation. Justice Abramson is a past president of the University of Louisville School of Law Alumni Council and is a Master of the Louis D. Brandeis Inn of Court. She also serves as a trustee for the Kentucky Judicial Form Retirement System Board, and is the Supreme Court Representative on the Kentucky IOLTA Board, and chairperson of the Civil Rules Committee. Justice Abramson is a frequent lecturer for the Kentucky Circuit Judges College and a 2007 graduate of Leadership Louisville. Dean Donald Burnett University of Idaho College of Law Rayburn and Idaho Streets Post Office Box 442321 Moscow, Idaho 83844-2321 (208) 885-6305 DONALD BURNETT is the Dean and Foundation Professor of Law at the University of Idaho College of Law. Prior to his tenure at the University of Idaho, he was the Dean and Professor of Law at the Louis D. Brandeis School of Law at the University of Louisville. Dean Burnett is a graduate of Harvard University and received his J.D. from the University of Chicago and his LL.M. from the University of Virginia. He is a member of the Idaho and American Bar Associations and the American Law Institute. In addition, Dean Burnett serves on the Board of Directors of the Idaho Law Foundation and is an Elected Fellow of the American Bar Foundation. ii Professor Joshua A. Douglas University of Kentucky College of Law 620 South Limestone Lexington, Kentucky 40506-0048 (859) 257-4935 JOSHUA A. DOUGLAS is an Assistant Professor of Law at the University of Kentucky College of Law and teaches election law, civil procedure and a seminar on Supreme Court decision making. Professor Douglas earned his B.A. and J.D. from George Washington University, where he was an articles editor on the Law Review and was the recipient of the Imogen Williford Constitutional Law Award for excellence in constitutional law. After law school, he clerked for the Honorable Edward C. Prado, U.S. Court of Appeals for the Fifth Circuit, and worked at the law firm Akin, Gump, Strauss, Hauer & Feld. Professor Douglas is a member of the Texas Bar Association. Jon L. Fleischaker Dinsmore & Shohl, LLP 101 South Fifth Street, Suite 2500 Louisville, Kentucky 40202 (502) 540-2319 JON L. FLEISCHAKER is Chair of the Communications and Media Law Practice Group at the law firm of Dinsmore & Shohl, LLP and is a Partner in the Louisville Office. He has more than thirty years of experience in media law and First Amendment cases and has been actively involved in representation of newspapers and broadcasters dealing with publication issues. Mr. Fleischaker also has extensive employment litigation experience, including class actions and individual cases. He received his B.A. from Swarthmore College and his J.D., magna cum laude, from the University of Pennsylvania Law School, where he was Order of the Coif and editor of the University of Pennsylvania Law Review. Mr. Fleischaker is a member of the Louisville, Kentucky and American Bar Associations, General Counsel for the Kentucky Press Association, and a Fellow of the Kentucky Bar Foundation and the American Bar Foundation. He is also a member of the Media Law Resource Center, Reporters Committee for Freedom of the Press and serves as Treasurer of the Kentucky Judicial Campaign Conduct Committee. iii David A. Lambertus 600 West Main Street, Suite 300 Louisville, Kentucky 40202 (502) 589-6190 DAVID A. LAMBERTUS maintains a private practice in Louisville and concentrates his practice in the area of criminal defense. He received his B.A. and J.D. from the University of Louisville. Mr. Lambertus is admitted to practice before the United States District Court for the Eastern and Western Districts of Kentucky and the Southern District of Indiana, the United States Court of Appeals for the Sixth Circuit and the United States Supreme Court. He is a member of the Louisville and Kentucky Bar Associations. Representative Jim Wayne 1280 Royal Avenue Louisville, Kentucky 40204 (502) 451-8262 REPRESENTATIVE JIM WAYNE serves as state representative for Kentucky’s 35th House District in Louisville. He received his B.A. from Maryknoll College, his M.A. from Maryknoll School of Theology, and his M.S.W. from Smith College. Representative Wayne serves on the Appropriations and Revenue, Local Government and State Government Committees and the Subcommittee on Human Resources. During the 2012 Regular Session of the Kentucky General Assembly, he sponsored a bill to require financing for the elections of Supreme Court judges. Representative Wayne helped establish the Airport Neighbors Alliance and the Affordable Housing Trust Fund. iv APPROACHING THE BENCH Cary Stemle Reprinted with permission from Louisville Magazine, March 12, 2012 The pathway to becoming a judge, purists say, should be untainted by politics, whether it’s the secretive politics of appointment or election politics. But proponents on both sides of the issue can agree on one thing: What do purists know, anyway? Here’s the dirty truth: Lawyers are smarter than you and I. They and they alone are uniquely qualified to deal with the archaic and arcane particulars that comprise the American legal system. As such, when it comes to choosing judges, a reasonable society cannot leave those weighty decisions to the rabble marking ballots in a voting booth. Letting uninformed voters pick our legislative and executive branch is one thing, but we simply cannot let know-nothings dictate who sits on the bench.
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