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March 2009 Bench _ Bar by pengxuebo


									                                                                                             KENTUCKY BAR NEWS
                                            ited access to the service. Casemaker             Allison Connelly were chosen as two of
             Salmon P. Chase                libraries have saved attorneys and their          the six UK Great Teachers for 2009.
             College of Law                 clients millions of dollars.                          The UK Great Teacher Award is
                                                The Casemaker libraries now include           given annually to professors who have
                                            rules, codes, case and statutory law for          demonstrated superior knowledge of
By Wendy Lane                               all 50 states and the federal system.             their subject matter, have original and
Communications Coordinator                  Casemaker currently contains over 13              innovative classroom presentations, and
                                            million legal documents. More than                demonstrate concern for students.
Shea Named                                  400,000 lawyers have access to                    Started in 1961, the UK Great Teacher
Outstanding Chase Alumnus                   Casemaker and in the past year over               Award is the oldest continuous award to
   oseph W. Shea, III, ’74 was named                                                          recognize teaching at UK. It is all the
J  2008 Outstanding Chase Alumnus by
the NKU Alumni Association at its
                                            300 million documents have been
                                            retrieved.                                        more special because the nominations
                                                                                              are made by current students. Professors
annual Alumni Awards Banquet on                                                               Schwemm and Connelly exemplify
February 6, 2009. Shea is a highly-                         University of                     what it means to be a “Great Teacher.”
regarded legal practitioner and is                                                                Professor Bob Schwemm has been a
well-known throughout the Kentucky
                                                            Kentucky                          stalwart of the UK College of Law fac-
and Ohio legal communities. He served                       College of Law                    ulty since he joined us in 1975.
the Ohio Supreme Court as its chief bar                                                       Teaching Civil Procedure to a genera-
                                                                                              tion of attorneys, Prof. Schwemm is
examiner, was elected as the youngest       Mary J. Davis, Associate Dean for                 known for his ability to make the dens-
president ever of the Ohio Justice          Administration & Faculty Development              est of procedural doctrine accessible. He
Association, and is widely-used nation-     and Stites & Harbison Professor of Law            also teaches Constitutional Law II and
ally as a bar examiner in the field of                                                        Statutory Civil Rights, two courses reg-
Civil Litigation. He has authored sev-      Great Teaching                                    ularly over-subscribed due to Prof.
eral books including an annual              at the UK College of Law                          Schwemm’s popularity. Prof. Schwemm
publication of his widely-used court-           he UK College of Law has always
room evidence manual. He is the
principal in the Cincinnati-based law
                                            T   prided itself on its fine teaching fac-
                                            ulty. We say regularly and with
                                                                                              is a nationally known scholar in housing
                                                                                              discrimination law, publishing widely in
                                                                                              the field and speaking regularly at
firm Shea & Associates.                     enthusiasm that we are a dedicated                national conferences. He gives his time
   Shea’s peers have voted him as one of    group of exceptional teachers who take            freely to student activities by, among
the top 100 lawyers in Ohio or top 50 in    seriously our obligations in the class-           other things, assisting the National
Cincinnati annually since 2004. He is a     room. This year, the UK Alumni                    Moot Court teams in preparation for
fellow of the American College of Trial     Association agrees; it has recognized the         competition. His reputation takes him to
Lawyers and Society of International        teaching accomplishments of two of our            other law schools occasionally as a vis-
Barristers. He holds various record ver-    faculty. Professors Bob Schwemm and               iting professor (he is teaching at John
dicts and outcomes. He received the
2008 Ohio State Bar Association’s
(OSBA) Ritter Award, its highest com-        Midwest Special                                 SPECIAL NEEDS TRUSTS
mendation, given annually to the Ohio
attorney who has obtained the highest          Needs Trust                                     …. for persons with disabilities
level of professionalism, integrity, and                                                            Formerly Missouri Family Trust
ethics in the practice of law.
   Shea also believes in giving back.
Years ago, Shea became concerned that            A non-profit organization in operation
smaller firms could not afford access to         since 1991, MSNT administers:                                EReasonable Fees
powerful online legal research sites.
                                                        Third Party SNTs
Using his own resources, he pioneered                                                                         ELow Minimum
the idea of providing online legal                      First Party SNTs                                      Balance Requirement
                                                          42 U.S.C. Section 1396p(d)(4)(A)
research resources directly through state
bar associations. In the late 1990s, he                 Pooled Medicaid Payback Trusts
                                                          42 U.S.C. Section 1396p(d)(4)(C)
partnered with the OSBA to offer its
members access to the online libraries as
a free membership benefit. It was an               For consultation or to request trust documents call
immediate success. Today, 28 state bar            Toll Free: 1-888-671-1069 or Email:
associations, including the Kentucky Bar         
Association, offer members free unlim-
                                                                                                          March 2009 Bench & Bar 43
Marshall Law School in Chicago this          G. Lawson, 1973 and 2001; James R.          Ariana Levinson
semester), and we are relieved when he       Richardson, 1974; W. L. Matthews,              Ariana Levinson joined the
returns to UK.                               1978; Rutheford B. Campbell, 1980;          University of Louisville School of Law
    Professor Allison Connelly helps         Carolyn S. Bratt, 1985; Louise E.           as a visiting assistant professor in 2007.
make the practice of law less mystifying     Graham, 1989; Martin J. McMahon, Jr.,       At the close of 2008, she was invited to
with her enthusiastic and energetic          1996; William H. Fortune, 2001 and          join the faculty as an assistant professor
teaching in the UK Legal Clinic. The         Eugene R. Gaetke, 2005. Our students        of law.
Legal Clinic is one of the most sought       are fortunate to have such dedicated pro-      Before teaching at Louisville,
after courses as a result of Prof.           fessors in the classroom.                   Professor Levinson taught at the
Connelly’s demanding yet engaging                                                        University of Southern California
style. Prof. Connelly also teaches a
                                                                                         School of Law and at the UCLA School
Litigation Skills section, directs the                    University of                  of Law. Professor Levinson has worked
Legal Writing Program and leads the
Academic Success Program. She joined                      Louisville                     in labor law, working as a fellow for the
                                                                                         AFL-CIO’s Legal Department, and has
the faculty in 1996 as the UK Legal                       School of Law                  clerked for the Honorable John G.
Clinic’s Director and has quickly made
her mark as a talented teacher. Not only                                                 Davies of the United States District
is she gifted in the classroom, she is the   By Jim Chen                                 Court, Central District of California and
faculty advisor to the Trial Advocacy        Dean and Professor of Law                   for the Honorable Myra C. Selby of the
Board and coaches its nationally com-                                                    Supreme Court of Indiana.
                                                 he University of Louisville proudly        Professor Levinson graduated magna
petitive National Trial Teams. Prof.
Connelly has a remarkably strong fol-
lowing of students, a testament to her
                                             T   welcomes its newest faculty mem-
                                             bers: Ariana Levinson, Luke Milligan,
                                                                                         cum laude from the University of
                                                                                         Michigan Law School, where she was
hard work and dedication.                    and Shelley Santry. Professor Milligan      on the Law Review. Her teaching and
    Over the years, UK College of Law        joined the faculty in fall 2008;            research interests include labor law,
students have benefited by learning from     Professors Levinson and Santry will         alternate dispute resolution, lawyering
nine other UK Great Teachers: Robert         begin their appointments in fall 2009.      skills, employment law, employment

44 Bench & Bar March 2009
                                                                                                        KENTUCKY BAR NEWS
discrimination, trial advocacy, evidence,
contracts and civil procedure.                     Legally Insane by Jim Herrick
   Additional information on Professor
Levinson is available on her Law                                                                                  “He says no settlement
School homepage:                                                                                        unless he gets
Luke Milligan
                                                                                                                           to redecorate
   Luke Milligan joined the law faculty                                                                                      your house
in 2008. He writes and teaches in the
areas of criminal law, constitutional law
                                                                                                                               and name
and jurisprudence. Professor Milligan’s                                                                                       all of your
recent articles examine various relation-
ships between executive officials and                                                                                          children.”
the press. His work has appeared in
the Boston University Law Review, the
Cardozo Law Review, the Emory Law
Journal, and the Washington and Lee
Law Review. In 2009 Professor
Milligan will be a visiting lecturer at
the University of Turku (Finland) and
the University of KwaZulu-Natal
(South Africa).
   Before entering academia, Milligan              Shelley Santry
practiced law at Williams & Connolly in               Shelley Santry, an attorney at the                     cases for the county attorney’s office.
Washington, D.C. He is a former law                Jefferson County Attorney’s Office and                    From 1992 until 2001, Professor
clerk to Judge Edith Brown Clement of              former Legal Aid Society attorney, has                    Santry’s work at the Legal Aid Society
the U.S. Court of Appeals for the Fifth            been named director of the University                     focused on representing low income
Circuit and Judge Martin L.C. Feldman              of Louisville’s new law clinic. Professor                 clients in civil cases.
of the U.S. District Court for the                 Santry will join the law school faculty                      Professor Santry, who learned first-
Eastern District of Louisiana. While a             in July 2009.                                             hand the importance of clinical work in
law student at Emory University,                      Shelley Santry graduated from                          her own education, considers such train-
Milligan was an articles editor of the             Franklin Pierce Law Center in May                         ing vital: “I applaud U of L for having
law journal and worked with the Carter             1992 and was awarded that school’s                        the vision to offer this critical ‘hands
Center on post-conviction matters in               public service award upon graduation.                     on’ opportunity to students. As a prod-
Africa and Central Asia.                           She brings experience in both civil and                   uct of clinical education myself, I can
   Additional information on Luke                  criminal law to the directorship. Since                   attest the community will benefit by
Milligan is available on his Law School            2001, she has prosecuted domestic vio-                    having prepared and confident law
homepage:                     lence, sexual assault and child abuse                     school graduates.”

 ■ In   Memoriam                                    Forensic Psychology Services
 V. J. Alston                         Louisville   Harwell F. Smith Ph.D.
 Hollie Conley                       Lexington             • CRIMINAL R ESPONSIBILITY
 Charles Lee Hoefinghoff             Edgewood              • COMPETENCE TO STAND TRIAL
                                                           • PERSONAL INJURY EVALUATIONS
 Martin Jack Horwitz           Crescent Springs
                                                           • I NDEPENDENT PSYCHOLOGICAL EVALUATION
 Russell Cletus Maricle, Jr.        Manchester             • DISABILITY EVALUATIONS
 Philip Martin Owens                      Irvine           • EXPERT OPINION OFFERED TO DEFENSE OR PROSECUTION
 Charles S. Sinnette                   Ashland                                   30 years experience.
 Penny Travelsted                Bowling Green                               Over 50 court appearances.
 George V. Triplett                 Owensboro            Special interest in criminal cases involving mental condition at the
 Dennis W. VanHouten                 Villa Hills       time of the incident — performed more than 500 of these evaluations.
                                                                                                                                         Board Certified
 Frank G. Ware                        Florence      859.276.1836 • 2201 Regency Rd. #501 • Lexington, KY 40503                        Clinical Psychologist

                                                                                                                                March 2009 Bench & Bar 45
IOLTA AND LEGAL SERVICES FACE FINANCIAL CRISIS                                                forecast state of the nation’s economy, it
                                                                                              is a certainty that it will become worse
     t the time the Kentucky IOLTA Fund        reached historic lows due to the Fed           before it begins to show any signs of
A    and the Supreme Court of Kentucky
began working on the initiative to amend
                                               Fund Rate being reduced to a range of
                                               0% to .25%. This has resulted in the
                                                                                                 As a result of this downward spiral
Supreme Court Rule 3.830 to provide for        IOLTA program experiencing recent              with regard to funding legal services to
a comprehensive IOLTA program with a           decreases in its revenues of over 75%.         the indigent in Kentucky, there will be
“comparability” rule pertaining to the            At this same time, the four regional        fewer people served with regard to their
participating financial institutions, it was   legal services programs in the                 legal problems than ever before. Even
known that Kentucky was one of a few           Commonwealth have received a cut in            prior to this decline in funds available to
remaining states that did not have a           their legislative appropriation from           provide these services, it is estimated
mandatory IOLTA program. In fact,              $1,500,000 to $500,000. This past              that at least one of every two qualified
Kentucky is one of only twelve states          September, the IOLTA program made a            persons needing legal assistance is not
that does not require mandatory partici-       $1,000,000 collective grant to the four        served due to lack of financial resources.
pation in its IOLTA program if the law         programs for fiscal year 2008-2009. For           There are currently two viable
firm or attorney has a “pooled client          fiscal year 2009-2010, IOLTA’s grant           options to address these distressing cir-
escrow account” related to its practice.       will be in the range of only $200,000 to       cumstances that essentially are
The thirty-eight states that have provided     $300,000, with the distinct possibility        preventing the poor from having access
for mandatory IOLTA have experienced           that the grant will be even less for the       to the state’s justice system that all of
significant increases in their annual          following year. In addition, it is certain     us in the legal community so strongly
IOLTA revenues upon converting from            that the IOLTA program for the first time      uphold. The first is to support the pro-
an Opt-Out program.                            in its history will not make grants to the     posed amended Supreme Court Rule
    Little did anyone involved in the ini-     local bar pro bono programs throughout         3.830 that, when adopted and placed in
tiative realize that before the amended        the state for fiscal year 2009-2010. The       effect, will over time greatly enhance
Rule can be considered for approval and        financial abilities of various sources to      the revenues to the IOLTA program,
implementation, the interest rates paid        fund legal services to the poor is in a cri-   which in turn can be utilized to increase
on attorney IOLTA accounts would have          sis mode and, given the present and            the amount of the IOLTA grants for
                                                                                              legal services. Upon all of the attorneys
                                                                                              and law firms, who are not exempt
                                                                                              under the rule, actively participating in
                                                                                              the IOLTA program, it will ultimately
                                                                                              provide a significant benefit to the legal
                                                                                              services programs. Secondly, there
                                                                                              must be a unified fundraising campaign
                                                                                              involving all of the attorneys and law
                                                                                              firms throughout the state to raise a
                                                                                              substantial sum of money to help the
                                                                                              legal services programs weather this
                                                                                              crisis. It is imperative that the legal
                                                                                              community as a whole provide its assis-
                                                                                              tance to help meet these ever-increasing
                                                                                                 We all realize that to be a licensed
                                                                                              lawyer in Kentucky is an invaluable
                                                                                              privilege and one that we cannot take
                                                                                              lightly in these unprecedented economic
                                                                                              times in which we live. Judge Learned
                                                                                              Hand has famously declared, “If we are
                                                                                              to keep our democracy, there must be
                                                                                              one commandment: thou shalt not ration
                                                                                              justice.” As lawyers, we must care
                                                                                              enough to come together and assume
                                                                                              this financial obligation to provide
                                                                                              accessibility to our system of justice. To
                                                                                              do otherwise is to turn our backs on
                                                                                              those who most need our help during
                                                                                              these very challenging times.

46 Bench & Bar March 2009
                                                                                                            KENTUCKY BAR NEWS
    SUMMARY OF MINUTES                         location for the 2011 Southern                                        Carman as Director of Communications.
  KBA BOARD OF GOVERNORS                       Conference of Bar Presidents and                                    • Approved the appointment of Margo
         MEETING                               authorized appointment of a host com-                                 Grubbs of Covington for a three (3)
      NOVEMBER 21, 2008                        mittee to be named at a later time.                                   year term to the Bar Center Board of
                                             • Young Lawyers Section Chair Scott D.                                  Trustees.
The Board of Governors met on Friday,          Laufenberg reviewed the progress of                                 • Approved the reappointment of
November 21, 2008. Officers and Bar            the U@18 project. The project                                         Michael T. Lee and Charles Wisdom
Governors in attendance were President         received a grant in the amount of                                     each for a four (4) year term expiring
B. Bonar, President-Elect C. English,          $3,500 from the Kentucky Bar                                          December 31, 2012 to the Joint Local
Jr., Vice President B. Davis, Immediate        Foundation for reprinting 5,000 U@18                                  Federal Rules Commission.
Past President J. Dyche, Young Lawyers         brochures. He reported that the Board                               • Approved the 2009 Holiday Schedule
Section Chair S. Laufenberg, Bar               of the Kentucky Education Association                                 for the KBA Staff.
Governors 1st District – D. Myers, J.          (KEA) has endorsed the project. KEA                                 • Mr. Deckard reported that Bruce K.
Freed; 2nd District – R. Sullivan; 3rd         will assist the section in accessing the                              Davis of Lexington was unopposed
District – R. Hay, G. Wilson; 4th              schools with the project, and May has                                 for the Office of President-Elect. Mr.
District – D. Ballantine, D. Farnsley;         been the target month to get the                                      Davis will take office on July 1, 2009.
5th District – A. Britton, F. Fugazzi, Jr;     brochures distributed. Mr. Laufenberg                                 Mr. Deckard further reported that two
6th District – D. Kramer, T. Rouse; and        also reported on the status of the Brief                              petitions had been filed for the Office
7th District – B. Rowe, W. Wilhoit. Bar        Insights joint project between the KBA                                of Vice President, one from R. Scott
Governors absent were: J. Harris, Jr.          and the section. The 10-minute clips of                               Madden of Manchester and one from
                                               law practice related material will be                                 Margaret E. Keane of Louisville.
In Executive Session, the Board consid-
                                               available on the web for review at any                                Ballots for the statewide election for
ered thirteen (13) default discipline
                                               time at no cost. An ad hoc committee                                  the Office of Vice President will be
cases involving seven attorneys and two
                                               has been working on the logo and                                      mailed to the entire membership on
(2) restoration cases. Malcolm Bryant of
                                               website design for this project.                                      December 15, 2008.
Owensboro, Steve Langford of
                                             • Rule of Law Symposium Committee                                     • Mr. Deckard reported that under the
Louisville, and Dr. Robert Strode of
                                               Co-Chair Charles E. Ricketts, Jr.                                     Board’s policy the KBA travel reim-
Frankfort, non-lawyer members serving
                                               addressed with the Board the focus                                    bursement will be increased to $.43
on the Board pursuant to SCR 3.375,
                                               and schedule for the Symposium                                        per mile.
participated in the deliberations.
                                               scheduled for February 6, 2009 at the                               • Approved the election of officers for
In Regular Session, the Board of               Kentucky State University Campus.                                     the Bankruptcy Law Section.
Governors conducted the following            • Approved the job descriptions for the                               • Approved a $2,000 contribution schol-
business:                                      Director of Communications and                                        arship for the U.S. Bankruptcy
                                               Publications & Advertising Manager.                                   Seminar from the Bankruptcy Law
• Heard status reports from Attorneys’
                                             • Ratified the employment of Amy                                        Section funds.
  Advertising Task Force, Long Range
  Planning Committee, Kentucky
  Lawyer Assistance Program                    Earn CLE credit by attending                                           Basic Workplace Mediation
  (KYLAP), Member Services                     these University of Louisville                                         Thursday-Friday, June 4-5, 8:30 a.m.—4:30 p.m.
  Committee, Office of Bar Counsel and         seminars!
  Rules Committee.                                                                                                    Costing the Labor Agreement
• Accepted the Fiscal Year June 30,               Sexual Harassment in the Workplace:
                                                  Education and Prevention                                            Friday, June 19, 8:30 a.m.—1:30 p.m.
  2008 Audit Report prepared and pre-
                                                                                                                   For fees, descriptions, locations and instructor
  sented by Anneken & Moser.                      Friday, March 27, 8:30 a.m.—1:30 p.m.
                                                                                                                   bios, please visit
• Approved the City of Lexington as the                                                                            or call UofLs Delphi Center for Teaching and
                                                  Wage and Hour Law: Public and                                    Learning at (502) 852-6456.
        To KBA Members                            Private Sectors
                                                                                                                   Offered by UofLs Labor-Management Center in
                                                  Friday, April 10, 8:30 a.m.—1:30 p.m.
  Do you have a matter to discuss                                                                                  cooperation with the Louisville Labor-Management
 with the KBA’s Board of Governors?                                                                                Committee.
  Board meetings are scheduled on
         May 15-16, 2009                                              World-Class Training | It’s Happening Here.
          June 9, 2009
 To schedule a time on the Board’s agenda
  at one of these meetings, please contact
      John Meyers or Melissa Blackwell         The University of Louisville is an equal opportunity institution.
             at (502) 564-3795.                (Credit hours are pending review by the KBA CLE Commission.)

                                                                                                                                    March 2009 Bench & Bar 47

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