IN THIS ISSUE Jails POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit Amount LEGAL $ 1,500.00 INDUSTRY Reference The easiest way to accept credit, NEW CASE debit, and eCheck payments Card Number **** **** **** 4242 The ability to accept payments online has become vital for all firms. When you need to get it right, trust LawPay's proven solution. As the industry standard in legal payments, LawPay is the only payment solution vetted and approved by all 50 state bar associa- tions, 60+ local and specialty bars, the ABA, and the ALA. Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms. Proud Member Benefit Provider ACCEPT MORE PAYMENTS WITH LAWPAY 877-958-8153 | lawpay.com/kybar This issue of the Kentucky Bar Association’s VOL. 85, NO. 1 B&B-Bench & Bar was published in the month of January. COMMUNICATIONS & PUBLICATIONS COMMITTEE Contents James P. Dady, Chair, Bellevue 2 President’s Page Paul Alley, Florence By Tom Kerrick Elizabeth M. Bass, Gallatin, Tenn. Rhonda J. Blackburn, Pikeville 5 Propsed Amendments to the Supreme Court Rules, Jenn L. Brinkley, Pensacola, Fla. Civil and Criminal Rules Rachelle C. Bolton, Lexington Frances E. Catron Cadle, Lexington Features: Jails Elizabeth A. Deener, Lexington 8 Progress and Promise: Kentucky’s Unfinished Cathy W. Franck, Crestwood Criminal Justice Reforms Lonita Baker Gaines, Louisville By John Tilley William R. Garmer, Lexington P. Franklin Heaberlin, Prestonsburg 14 The Perfect Storm? A Look at the Federal Compassionate Judith B. Hoge, Louisville Release Program Following the First Step Act and During Jessica R. C. Malloy, Louisville a Worldwide Pandemic Eileen M. O'Brien, Lexington By Joshua F. Barnette and Michael Denbow Sandra J. Reeves, Corbin 22 Addressing Prisoner Rights through CRIPA: John Schaaf, Georgetown DOJ’s Enforcement Efforts Gerald R. Toner, Louisville By Carrie B. Pond Sadhna True, Lexington Zachary M. Van Vactor, Louisville 26 Book Review: Authors Trace Kentucky’s Underside Samuel W. Wardle, Louisville By James P. Dady Michele M. Whittington, Frankfort PUBLISHER Columns 32 Young Lawyers Division John D. Meyers By Miranda D. Click EDITOR 34 University of Louisville Louis D. Brandeis School of Law James P. Dady 36 Northern Kentucky University Salmon P. Chase College of Law MANAGING EDITOR 38 University of Kentucky J. David Rosenberg College of Law Megan L. Couch DESIGN & LAYOUT 40 Effective Legal Writing By Professor Shavonnie Carthens Jesi L. Ebelhar 41 Law Practice Management The B&B - Bench & Bar (ISSN-1521-6497) By Stephen Embry is published bi-monthly by the Kentucky Bar Association, 514 West Main Street, Frankfort, Bar News KY 40601-1812. Periodicals Postag­­ e paid at Frankfort, KY and additional mailing offices. 44 Student Writing Competition All manuscripts for publication should be sent 44 Law Day 2021 to the Man aging Editor. Permission is granted for reproduction with credit. Publication of 46 Judicial Nominating Commission Results any article or statement is not to be deemed an endorsement of the views expressed therein by the Kentucky Bar Association. Departments Subscription Price: $20 per year. Members 54 Kentucky Lawyer Assistance Program subscription is included in annual dues and is not less than 50% for the lowest subscription 56 Kentucky Bar Foundation price paid by subscribers. For more information, 58 Continuing Legal Education call (502) 564-3795. POSTMASTER Send address changes to: 64 Who, What, When and Where B&B - Bench & Bar 514 West Main Street Cover and several inside graphics by ©istockphoto.com/JesiEbelhar Frankfort, KY 40601-1812 BENCH & BAR | 1 PRESIDENT'S PAGE Wise Reminders for the Next Generation of Kentucky Attorneys Photo Credit: Jim Hoffman, Administrative Office of the Courts ecently, as president of the BY TOM KERRICK KBA, I was fortunate to OTHER TOPICS TOUCHED UPON BY OUR Rparticipate in the 2020 Swear- JUSTICES WERE AS FOLLOWS: ing-In Ceremony of new attorneys. Previous presidents told me 1. BE GRACIOUS. Never forget who helped you get this would be an event I would enjoy, and they were right. We this far and accomplished becoming a lawyer. Always be had to do it by Zoom, which prevented the personal involvement gracious and express your gratitude to those individuals. with these new attorneys and their supporters, but it was still a meaningful and exciting event. 2. BE COLLEGIAL. Always be collegial and courteous to other individuals in the profession – other attorneys, Since we were doing by Zoom, the Supreme Court, led by Clerk judges, clerks, court personnel, janitors. Civility is not Kelly Stephens, divided this group of 240 new attorneys into a sign of weakness but is actually a sign of confidence five groups and each group was introduced and sworn-in on the and strength in your abilities. The new members were hour. During each approximately 30-minute ceremony, Chief reminded of the “Golden Rule” by more than one justice. Justice John D. Minton Jr. made introductory remarks and then one justice of the Court was selected to address the group with 3. ALWAYS DO YOUR BEST. We are part of a long brief comments. I think a summary of these comments are worth standing, noble profession and to take that reputation repeating and reminding ourselves of the characteristics of being seriously. The admittees were reminded that it takes a a Kentucky lawyer. career to build your reputation, while only a few seconds can destroy what you have worked so long and hard to First, the new lawyers were invited to stop by the 2nd floor of establish. They were encouraged to always do their best our state capitol to introduce themselves to the justices and to and not just be good enough. “Never give up, never give observe just how beautiful our Kentucky Supreme Court really out, and never give in.” is. Included in this layout is a picture of the actual courtroom. It truly is a beautiful setting. CONTINUED ON NEXT PAGE 2 | JANUARY/FEBRUARY 2021 Kentucky lawyers deserve steadfast support. Our team is devoted to serving your liability malpractice needs. For more information call us at 502-568-6100 or Submit for a quick quote at www.LMICK.com Lawyers_Mutual_women_B&B_8.5x10.875.indd 1 3/19/20 1:08 PM PRESIDENT'S PAGE 4. GIVE BACK TO YOUR PROFESSION. Be involved in your bar association in some fashion, whether that be in your local bar or the statewide bar association, whether that be in the young lawyers division or a specialty area of law you may tend to emphasize. Also, be a mentor to others in our profession. Most of us had another attorney that helped mentor us along and that should be handed down with no expectation of any award or reward. 5. GIVE BACK TO YOUR COMMUNITY. Attorneys are leaders and all communities need leaders. Attorneys often serve on city, county or educational boards, giving needed and necessary advice with no compensation. Attorneys serve on various charitable boards, church or synagogue bodies and even volunteer as little league coaches. My wife and I still get the biggest smile whenever I am greeted with “Coach Kerrick” by one of my former little league players who are now in their 30s or 40s and have their own little leaguers. 4 | JANUARY/FEBRUARY 2021 THE NEED FOR LAWYERS TO BE INVOLVED IS GREATER THAN IT HAS EVER BEEN. Whether that be through a bar association event, a community event or just a good deed on your own that nobody else may ever know. Be involved in some fashion that will make that organization, community or individual better and you will be amazed at how rewarding it can be - - - even without earning a fee! As we start a new year, I encourage each of you to BE INVOLVED! The Supreme Court is considering amendments to the Supreme Court Rules and invites members of the Bar to submit written comments. The following rules are currently up for consideration: Proposed • Supervised Practice and Practice Pending Admission – SCR 2.116 and 2.117 Amendments • Conditional Admission, Reinstatement, and Restoration to Membership – SCR 2.042; 2.300; 3.030; 3.150; 3.230; 3.290; 3.360; 3.500; 3.501; 3.502; 3.503; 3.504; to the Supreme 3.505; 3.510 The Supreme Court is also considering several rules that clarify the process for amending the Written comments should be submitted electronically Court Rules Civil, Criminal and Supreme Court Rules. This to [email protected]. All comments impacts the following rules: must be received by March 15, 2021. • Supreme Court Rules – Section X, SCR 10.000 To view the proposed amendments, visit: • Civil Rules – CR 87 https://www.kybar.org/news/545980/Updated-Information- Regarding-Proposed-Rules-Amendments.htm • Criminal Rules – RCr 13.08 BENCH & BAR | 5 JAY BILAS Attorney and college basketball analyst We have an outstanding lineup of speakers to cover a variety of topics for all Kentucky practitioners. Political power couple JAMES CARVILLE and MARY MATALIN 6 | JANUARY/FEBRUARY 2021 A special thank you to the PLANNING COMMITTEE 2021 KBA Annual Convention Amelia M. Adams, Co-Chair Matthew P. Cook, Co-Chair Damon L. Preston and CLE Planning Committees Dana Arnold Judge Pamela R. Goodwine Mark R. Overstreet for planning a great event full Mindy G. Barfield Pierce W. Hamblin Katie A. Shepherd of outstanding CLE programs Judge T. Bruce Bell Jennie Y. Haymond Jessica R. Shoulders and social events. Matt Boyd Thomas N. Kerrick Virginia H. Snell Judge Traci Brislin Paul T. Lawless Christine L. Stanley Judge Kimberly N. Bunnell M. Todd Lewis Justice Laurance B.