2016 ANNUAL CONVENTION PRE-CONVENTION BROCHURE INSIDE ON PAGE 22 NIA_BenchBar_Coverage40_v2.pdf 1 10/18/15 1:27 PM HONESTLY, IT'S OUR BEST POLICY KBA TERM LIFE PLAN UP TO $500,000 COVERAGE, NON-MEDICAL APPLICATION* C 10 & 20 YEAR LEVEL TERM WITH SPECIAL END OF TERM CONTINUATION M Y CM MY KBA INDIVIDUAL OWN OCCUPATION DISABILITY INCOME PLAN CY UP TO $10,000/MO COVERAGE, NON-MEDICAL APPLICATION* CMY NO EXAMS, BLOOD TESTS OR TAX RETURNS REQUIRED K niai.com Call or Email TODAY | 800.928.6421 | [email protected] | www.NIAI.com NIA IS THE KBA LIFE & DISABILITY PLAN ADMINISTRATOR. *EXAMS OR ADDITIONAL INFO MAY BE REQUIRED WITH CERTAIN MEDICAL HISTORIES. VOL. 80, NO. 1 This issue of the Kentucky Bar Association’s B&B-Bench & Bar was published in the month of January. COMMUNICATIONS & Contents PUBLICATIONS COMMITTEE 2 President’s Page James P. Dady, Chair, Bellevue By Doug Farnsley Paul Alley, Florence Features: Criminal Law Elizabeth M. Bass, Lexington 4 The Kentucky Judiciary: The Transformation Continues James Paul Bradford, Paducah By Judge Gregory M. Bartlett Frances E. Catron Cadle, Lexington Anne A. Chesnut, Lexington 8 A Primer on Prelims By Ben Leonard Rachel Dickey, Louisville Mark Flores, Lexington 12 Kentucky’s SMART Probation: Coming to a Court Near You? Cathy W. Franck, Crestwood By Judge David A. Tapp Lonita Baker Gaines, Louisville 16 The Kentucky Innocence Project: A Pedagogical Perspective William R. Garmer, Lexington By Mark Stavsky Laurel A. Hajek, Louisville P. Franklin Heaberlin, Prestonsburg 22 2016 KBA Annual Convention Judith B. Hoge, Louisville Pre-Convention Brochure Jessica R. C. Malloy, Louisville Columns Eileen M. O'Brien, Lexington 44 Effective Legal Writing Richard M. Rawdon, Jr., Georgetown By Dr. JoAnne Sweeny Sandra J. Reeves, Corbin 45 University of Louisville Louis D. Brandeis School of Law Gerald R. Toner, Louisville Sadhna True, Lexington 46 Northern Kentucky University Salmon P. 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For more information, call 66 Kentucky Lawyer Assistance Program (502) 564-3795. 68 Continuing Legal Education POSTMASTER 73 Who, What, When and Where Send address changes to: B&B - Bench & Bar 78 In Memoriam 514 West Main Street 79 B&B Marketplace Frankfort, KY 40601-1812 Several inside graphics by ©istockphoto.com/JesiWithers BENCH & BAR | 1 PRESIDENT’S PAGE 2016 KBA ANNUAL CONVENTION INFORMATION ON PAGE 22 MEMORIES OF 1968 BY DOUG FARNSLEY s we recall the life and African American staff members. Riots started that night in Wash- contributions of Martin ington and in other cities, and that violence and Dr. King’s death A Luther King, I am writing dominated the discussion. to share my memories of events that occurred almost 50 years ago. Later that night, our headmaster, Canon Charles Martin, came to the school. I went to Canon Martin’s office to talk with him, and I From 1965 through 1969, I was a boarding student at St. Albans wept as we talked about the assassination and the riots. I suggested High School in Washington, D.C. In October 1967, an alum to Canon Martin that Lester and the other staff members would donated to the school three tickets to “Stars for Freedom,” a concert/ likely appreciate a visit from him. event that would take place at the Washington Convention Center. The purpose of the event was to celebrate the Civil Rights move- When I was in law school (which was from 1973 through 1976), I ment and to raise money to support the work of Martin Luther received a letter from one of the teachers at St. Albans telling me King’s organization, the Southern Christian Leadership Confer- a story about remarks that Canon Martin had made. A few days ence. The head of St. Albans’ boarding department took me and before the teacher sent the letter and on the anniversary of Dr. another student to see the “Stars for Freedom.” I still have my copy King’s death, Canon Martin told the St. Albans students about of the program, and here is a link to a copy that is in the archives our visit on the evening of April 4, 1968. The teacher wrote that of The King Center: www.thekingcenter.org/archive/document/ Canon Martin recounted that it was meaningful to him that a stars-freedom-1967. student from Kentucky, a state that he considered to be part of the South, was so deeply affected by what had occurred. Canon Martin This was the first of two times that I would see Dr. King. My mem- also told the students that, as I had suggested, he had visited that ories of the evening are clear including seeing and hearing Harry evening with Lester and the other two resident African American Belafonte and Dr. King singing a duet of “Day-o.” The performers members of the school’s staff. and entertainers included Aretha Franklin, Dick Gregory, Sidney Poitier, Nipsy Russell, and others. On Friday, April 5, 1968, I returned to the Cathedral for a memo- rial service. President Johnson and other dignitaries also attended. I A few months later, the dean of the National Cathedral invited was not able to arrive as early for this service, so I sat in the balcony Dr. King to preach a sermon at the Cathedral. The agreed upon of the south transept. Again, I have a clear memory of the service. date was March 31, 1968. St. Albans and the National Cathe- It was striking to look down at the spot where I had sat just five dral are both located on Mount Saint Alban, a 57 acre campus at days earlier and to see the pulpit where the 39-year-old Dr. King the corner of Wisconsin and Massachusetts Avenues. On Sunday had stood and preached his final sermon. morning, March 31, a friend and I walked the short distance from the school to the Cathedral where I would see Dr. King for the The riots were ongoing and would last for days. The president second time. We were early enough that we had excellent seats in declared martial law in the District and imposed a curfew. The the south transept, probably no more than 40 feet from the pulpit. 82nd Airborne Division arrived to try to restore order. Mount Saint As Dr. King spoke, I recall noting to myself the apparent lack of Alban is the highest point in the District, and I recall the clear view any security. Dr. King delivered his sermon with eloquence but we had of the fires that were burning a few short miles away. I also without the emotion and passion that we so often associate with his recall the smell of the smoke from those fires. The area around the oratory. My guess is that he was adapting his style to his audience, intersection of 14th and U Streets was the epicenter of the riots. It a group made up mostly of white Episcopalians. would be decades before that part of the District would recover. If you visit the King Memorial in Washington, you will see a quo- 1968 was a tumultuous and historic year. March 31 was the day tation from the sermon on one of the tablets, “The arc of the moral that I saw Dr. King preach. It was also the day that President John- universe is long, but it bends toward justice.” son announced that he would not seek reelection. In June, Sirhan Sirhan assassinated Bobby Kennedy. That summer I attended the Four days after the sermon was Thursday, April 4. Early that eve- Democratic Convention in Chicago. I witnessed firsthand the ning (it was still daylight), I was walking from one of our school student and police riot that occurred in the park across from the buildings to the building that housed the school’s dormitory. The Hilton Hotel. The war in Vietnam prompted the demonstrations at school’s African American cook, Lester Washington, was outside, the convention, and of course the war continued throughout 1968. and he said to me, “Doug, they killed Dr. King.” The moment is forever etched in my memory, and even today writing this brings I have clear memories of so much that occurred on March 31, tears to my eyes.