Law Day Award Recipients

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					 May / June 2011

             Law Day 2011 Award Recipients
                                              The 2011 Law Day luncheon and awards ceremony was held May 5 at
                                              the Hyatt Hotel in Lexington. Award recipients included:

                                              Henry T. Duncan Award
                                              The 2011 Henry T. Duncan Award recipient, Stephen L. Barker, joined
                                              the law firm of Sturgill, Turner and Truitt as a clerk in 1974; then as an
                                              attorney in 1975 after graduating with honors (Order of the Coif) from the
                                              University of Kentucky College of Law. Steve has gone on to become one
                                              of the foremost litigators among lawyers at the Fayette County Bar, which
                                              has now enabled him to become a knowledgeable mediator in the area.
                                             Steve Barker has been a consistent contributor to the Fayette County Bar
                                             Association, having served as its President (2003), as Fayette County Legal
                                             Aid Director, and a member of the LFUCG Ethics Commission. He is
                                             also a founding fellow of the Fayette County Bar Foundation. His contri-
                                             butions to the Kentucky State Bar Association are also notable. He is
                                             serving as a
                                             panel chair on
                                                                  In this issue...
                                             the Inquiry
                                                                  President’s Message                                 3
   Phil Moloney presented Steve Barker with  Commission
       the 2011 Henry T. Duncan Award        and has done so      Pro Bono Program Announcements                      6
                                             since 2005. He       Annual Golf Tournament                              7
  has been recognized as a Best Lawyer in America and as an
                                                                  Special Article: A Shift in Focus                   8
  Outstanding Lawyer in America. He was also recently
  named Lexington Labor and Employment Lawyer of the              Judge Overstreet Portrait Unveiled                 10
  Year by the publication Best Lawyers for 2011.                  Bar Foundation News                                11
     — Gardner Turner                                             Annual Bench & Bar CLE                             12
                                   Continued on Page 4
                                                                  Names in the News                                  14

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          BarNews                                                              Leading the Bar
      A publication of the Fayette County Bar Association

  Bar News Article Submission Guidelines
  Unsolicited manuscripts are accepted on subjects of                                             Officers
  interest to the legal profession. Manuscripts should be
  submitted in MS Word or WordPerfect in electronic form                       President                             Secretary
  either on disk to the attention of Mary Carr, FCBA,                    Christopher W. Goode                     Pierce Hamblin
                                                                           Bubalo Rotman, PLC                 Landrum & Shouse, LLP
  219 N. Upper Street, Lexington, KY 40507 or as an
  attachment emailed to Articles                          President-Elect                         Auditor
  should not exceed 6 typewritten double-spaced pages.                      Cassidy Rosenthal                     Edwin H. Clark
  For complete set of submission guidelines visit                            Stites & Harbison                 Clark Law Office, Inc. or contact the FCBA office at                                   Treasurer                   Immediate Past-President
  (859) 225-9897.                                                         Palmer Gene Vance II                 Erin McMahon
                                                                        Stoll Keenon Ogden, PLLC          Wyatt, Tarrant & Combs, LLP

  Submission Deadlines:
  July/Aug 2011 issue: JUNE 27, dist. mid-July                                           Board of Directors
  Sept/Oct 2011 issue: AUG 29, dist mid-Sept.                              Elizabeth Feamster                      Kif Skidmore
                                                                        Fowler, Measle & Bell, PLLC           Savage, Elliott, Houlihan,
  Nov/Dec 2011 issue: OCT 24, dist mid-Nov.                                                                     Mullins & Skidmore
                                                                           Linda M. Hopgood
                                                                              Attorney at Law                 Richard H. Underwood
                                                                                                               UK College of Law,
  Disclaimer of Liability                                                      Sheila Isaac               Spears-Gilbert Professor of Law
  Statements or expressions of opinions in the Bar News are those           Senior Status Judge,
                                                                        Fayette County Circuit Court              Carolyn Zerga
  of the authors and not necessarily those of the Bar or editors. Due                                      LFUCG, Department of Law
  to the rapidly changing nature of the law, information contained              Lucy Pett
  in this publication may become outdated. As a result, lawyers         Stoll Keenon Ogden, PLLC        Clark P. Case, Young Lawyer’s Rep
                                                                                                                  Case Law Group
  using this material must research original sources of authority.         William F. Rigsby
  In no event will the authors, the editors, the reviewers or the           Rigsby Law Group             David T. Enlow, Senior Advisor
  publisher be liable for any damages resulting from the use of this                                           Enlow & Enlow, PLLC
  material. The publication of any articles or advertisements is not
  to be construed as an endorsement of the product or service
  offered unless the ad specifically states that there is such an
  endorsement or approval.
                                                                                  Need more clients?
                                                                                                   Join the
                                                                                   Central Kentucky Lawyer
  Fayette County Bar Association                                                       Referral Service
  219 N. Upper Street                                                            and we’ll send referrals to you!
  Lexington, KY 40507
  225-9897 225-9898 Fax                                                            Contact Dana at 225-9897 or                                                      for more information.

  FCBA Staff
  Mary Carr, Executive Director
  Dana Thomas, CKLRS Program Coordinator
  Danielle McIntyre, Membership Coordinator

              May/June 2011   2
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                                                                               President’s Message
                                                                               Christopher W. Goode

                    A fellow Lexington attorney asked me           As I noted at Law Day, one would be hard pressed to
                    recently, “Why should I join the Fayette       name an association in Central Kentucky that comes close
                    County Bar Association? What is in it for      to the combined knowledge, access to resources and potential
                    me?” I responded with the standard             influence for positive change as our Bar Association. This
                    answer I have given to that question           past year we eclipsed the 1,000 mark for membership. Our
                    over the years by listing the ever-            members come from the public and private sectors, large
                    growing benefits to membership. Our            multi-state firms to solo practitioners, and serve as in-house
                    list of member benefits would require          counsel. Past members have included Governors, Mayors,
    Christopher     more space than I have, but in particular      members of Congress, and members of the Kentucky General
    W. Goode        members can receive substantial dis-           Assembly. Among our current members we have former
                    counts for insurance policies, clothing,       nurses, teachers, military personnel, accountants and
                    office supplies, banking, and hotel and        other areas of expertise.
 car rental. Perhaps the greatest financial benefit is access to   In short, our ―community‖ truly has the ability to not only
 quality continuing legal education at $20 per hour.               continue to improve the legal community but also impact
 But the question made me ponder the true reason every             the community at large. All it takes is for every member to
 attorney in Lexington would benefit from being a member.          be involved.
 The word that comes to mind is simply ―community.‖                I am asking every current member to make a pledge today
 ―Community‖ is the cornerstone of the FCBA’s mission              to do one thing with the FCBA this year. It may be as
 statement:                                                        simple as serving on a committee or accepting a Pro Bono
          The purpose of this Association is to establish          case, or assisting with the Young Lawyer’s Thanksgiving
          closer relationships and cooperation with The            Basket or School Supply drive. You may have ideas for
         Kentucky Bar Association, and through it with             additional social or community-based service projects. We
            the American Bar Association; to exert an              need you to be involved. Your community and ours will
         influence for good on the life of the community;          expand and we will all be the better for it.
        to promote the efficient administration of justice         Since I began my law career, I’ve probably worked on
            and the constant improvement of the law;               more cases outside of Fayette County than I have within.
         to elevate the standards of integrity, honor and          And wherever my practice brings me, I am constantly
        courtesy in the legal profession; and to cultivate         reminded of the quality of our legal community in Fayette
          and promote a spirit of collegiality among its           County. We truly have something special here and it is
          members; to promote the code of professional             now on our shoulders to continue to build on this Associa-
         conduct; and to promote service to its members.           tion’s tradition of excellence.

                                                                   May/June 2011    3
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         2011 Law Day Award Recipients, cont.
                                            Outstanding Citizen Lawyer Award
                                            The 2011 Outstanding Citizen lawyer, Matthew W. Boyd is a graduate
                                            of LaRue County High School in Hodgenville, Ky. where he was vale-
                                            dictorian and class president. He was awarded a coveted Homer Scholar-
                                            ship to attend Hanover College in Indiana where he graduated with cum
                                            laude honors. He went on to the University of Kentucky College of Law
                                            as a recipient of the Frank Combs Scholarship where he became Moot
                                            Court Board President and participated as a member of UK’s Moot
                                            Court First Amendment Team.
                                            Upon graduating the University of Kentucky College of Law, Matt
                                            served indigent clients as a Public Defender in Lexington. Subsequently,
                                            he established a practice in Lexington with his wife Traci where his focus
                                            is on Criminal Defense and Plaintiff’s Personal Injury Law. Recently, he
                                            founded Boyd Law Office, PLC where he continues as a solo practitio-
                                            ner while continuing to accept public defender appointments in Madison
                                            and Clark counties. Matt also accepts appointments through the Mental
                                            Health Division of the Fayette District Court.
     Deno Capello presented Matt Boyd
                                            Among his many contributions to the community, Matt is currently
     with the 2011 Outstanding Citizen      President of the Board of Directors of Life Adventure Centers of the
               Lawyer Award                 Bluegrass, a non-profit designed to help children with disciplinary prob-
                                            lems learn responsibility, make positive choices and gain self-confidence.
                                            He has been a long-time contributor and past Board Member at Big
                                            Brothers-Big Sisters of the Bluegrass. He belongs to ―100 Good Guys,‖ a
                                            group of 100 men in Central Kentucky that donate their time, energy and
                                            at least $1000 to the Bluegrass Domestic Violence Program.
                                                — Deno Capello

                                            Outstanding Young Lawyer Award
                                            Elizabeth A. Deener is the 2011 recipient of the Outstanding Young
                                            Lawyer award. Elizabeth received her B.S. in Chemical Engineering
                                            from the College of Engineering of Georgian Institute of Technology in
                                            2001 an her J.D. from the University of Kentucky College of Law in
                                            2004. Upon her admission to the Kentucky Bar she joined her father at
                                            the firm of Landrum & Shouse where she is practices in civil litigation,
                                            products liability, governmental liability and intellectual property.
                                            Elizabeth is very active in the community where she serves on the board of
                                            directors of Opportunity for Work and Learning; Lexington Art League and
   Judge Eugene Siler presented Elizabeth   the Junior League of Lexington. She is on the board of deacons at Second
  Deener with the 2011 Outstanding Young    Presbyterian Church, vice president of the Georgia Tech Lexington Alumni
               Lawyer Award                 Club and a member of the Lexington Philharmonic Orchestra Society.
                                            She is very active in the legal community as well, serving on the Ken-
                                            tucky Bar Association Mentoring Task Force and the Education Law
                                            Section of the KBA’s Young Lawyer Section. She serves on the FCBA

              May/June 2011   4
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                                                 Women Lawyers Section Steering Committee where she created and
                                                 continues to manage the annual Mother’s Day collection of personal
                                                 care items for distribution to women receiving emergency shelter from
                                                 the Bluegrass Domestic Violence Project Shelter program. Elizabeth is
                                                 also a licensed pilot and is active in the Louisville Soaring Club.
                                                    — Pierce Hamblin

                                                 Law Enforcement Award
                                                 The 2011 Law Enforcement Award recipient, Officer Cristie Taylor,
                                                 was recognized for her many
                                                 years of service, mentoring
                                                 and training efforts on the
                                                 Lexington Police Department.
    Deputy Chief David Boggs presented
  Officer Cristie Taylor with the 2011 Law
                                                 Outstanding Deputy
             Enforcement Award
                                                 Clerk Award

  The first recipient of the Outstanding Deputy Clerk award, Judy Decker,
  works in the Mental Health Division of Fayette District Court. Judy was
  recognized for her service as a resource for information to the petitioners,
  the lawyers who practice in this area, Trial Commissioner Oliver and the
  District Court Judges. In an area of the law which is specifically delegated
  by statute to the district court, the petitioners and respondents are in a
  particularly vulnerable position, in a position most citizens are unfamiliar
  with, and in a position in which they and many counsel are ill-prepared to
  face. Judy and her staff handle their duties with compassion, intelligence
  and competence. Judy’s office manages case load and coordinates with
  the staffs of Eastern State Hospital, regional hospitals, medical and psy-
  chiatric offices and various state and local agencies.                             C. David Graves presented Judy Decker
                                                                                     with the Outstanding Deputy Clerk Award
         — C. David Graves

                                             Left: District Court Bailiff
                                             Van Berry performed
                                             “The Battle Hymn of the
                                             Republic” for Law Day

                                                  Right: Jonathan Bialosky
                                                  spoke about the importance
                                                  of the Fayette County Bar
                                                  Foundation’s grant to the
                                                  Maxwell Street Legal Clinic
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                                                                                           Pro Bono

  I’m sure you join me in taking pride in the hard work            is necessary to meet the most basic assistance to our
  of our local bar association to make access to justice a         many clients each year.
  reality for the most needy people in our community.
                                                                   In Fayette County, the areas of service for our clients
  Our Pro Bono Program receives an average of forty
                                                                   include domestic relations, domestic violence, bankruptcy
  calls on a daily basis from the indigent population
                                                                   and other civil matters. We also provide services for
  of Fayette County. We are able to help many of those
                                                                   bankruptcy proceedings in Scott, Jessamine, Bourbon,
  individuals, but many more are turned away.
                                                                   Woodford and Harrison Counties.
  Our organization has relied on three major resources for
                                                                   Our program maintains a full service office, open week-
  revenue to operate over the past few years: the Kentucky
                                                                   days by appointment from 8:30 a.m. to 4:30 p.m. The
  Bar Association’s Interest on Lawyer’s Trust Account
                                                                   office consists of one director/ attorney and one parale-
  (IOLTA) Grant, funding from Legal Aid of the Bluegrass,
                                                                   gal. The staff constantly juggles the demands of telephone
  and donations from local law firms and lawyers. These
                                                                   intake/interviews, management of one hundred plus
  economic times have taken a toll on all three funders.
                                                                   cases, assisting our volunteer attorneys, fund-raising,
  Legal services organizations, including Legal Aid of             recruitment, and general office management. At our current
  the Bluegrass, continue to bear the brunt of state and           level of funding, the staff is unable to accept walk-in clients
  federal budget cuts, losing one-half of statewide funding        on a regular basis or to answer every phone call immedi-
  and suffering a $13 million dollar cut in the most recent        ately. With your financial support, we can lessen the wait
  attempt to balance the federal budget. Likewise, the IOLTA       for potential clients to receive the services they so des-
  fund lost any ability to support bar-sponsored pro bono          perately need. Without your support, these deserving
  programs as a result of the faltering interest rates of recent   clients may have to forego receiving them altogether.
  years. There is no sure indication when the Fund will
                                                                   We are in great need of your support in order to main-
  have the capacity to support our program again.
                                                                   tain and improve upon the level of service to the poor
  In order to maintain and improve the quality and quantity        people of this community.
  of services we currently provide to the indigent population
                                                                   Please consider supporting our program with a $100 or
  of Fayette County, we continue to rely on the generosity
                                                                   comparable donation. Please don’t delay in respond-
  of you, our local bar. You are the backbone of our or-
                                                                   ing. Send your tax deductible gift today, payable to
  ganization and it has been your support that has enabled
                                                                   the FCBA Pro Bono Program, Inc. at 122 North
  the Pro Bono Program to provide the legal assistance
                                                                   Broadway, Lexington, KY 40507.
  that would not otherwise be available. Your contribution
                                                                                                     — Tammie Haddix, Director

                        Domestic Violence Advocacy Program Training
           Representing Victims of Domestic Violence, Sexual Assault and Stalking
                        in Domestic Violence Order (DVO) Hearings
                                        June 22, 2011
                                    8:30 a.m. to 5:30 p.m.
                        Fayette Circuit Court — Multi-Purpose Room
                     Training is free and open to attorneys/firms who are willing to participate
                        in the domestic violence advocacy program. CLE credit is pending.
          Please click here or visit for more information on sessions and how to register.

              May/June 2011   6
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                                            Annual Fred Saunders
                                                   Memorial Golf

                                                       Monday, August 22, 2011
                                                        Spring Valley Golf Club
                                                                 1:00 p.m. Shotgun Start
                                                               6:00 p.m. Dinner & Awards

                                                      Click here for more information or to register
                                                                Sponsorships welcome
                                                      All proceeds benefit FCBA scholarship fund

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                                        A Shift in Focus
       How Recent Amendments to 29 CFR § 825.303 Could Impact Employee
             Notice Requirements Under the FMLA Leave Provisions

                      Introduction -                              The revised 29 C.F.R. § 825.303(a) now states:
                      A little more than two years has passed            ―When the approximate timing of the need for
                      since the United States Department of              leave is not foreseeable, an employee must pro-
                      Labor (―DOL‖) promulgated signifi-                 vide notice to the employer as soon as practicable
                      cant changes to the Family Medical                 under the facts and circumstances of the particu-
                       Leave Act (―FMLA‖). The revisions,                lar case. It generally should be practicable for the
   W. Chapman          which went into effect on January 16,             employee to provide notice of leave that is unforesee-
    Hopkins            2009, touched on a number of FMLA                 able within the time prescribed by the employer’s
                       provisions, including the employee                usual and customary notice requirements applicable
                       notice requirements in 29 C.F.R.                  to such leave.‖ (emphasis added).
 § 825.303 et. seq.
                                                                  Though on its face this change in wording might not ap-
 Though the impact of these revisions remains somewhat            pear to be significant, as set forth below, the way in
 unsettled due to the minimal number of decisions in cases        which courts are interpreting the revised language indi-
 citing to the new regulations, several recent court decisions    cates that the new provisions may end up having a sig-
 have discussed and interpreted the revised language and in       nificant impact on how employers should handle their
 doing so have provided guidance as to the potential effect       employee notice policies going forward.
 of the new language. As set forth below, in light of these
 courts’ interpretations of the revisions, employers would
                                                                  Recent Judicial Interpretation –
 be wise to reexamine their employee notice policies.
                                                                  As noted, the revisions are relatively new and, as such,
                                                                  very few courts have had the opportunity to review and
 The Revised Language -
                                                                  interpret the changes. Accordingly, employers have been
 Among other things, the DOL revised the language of              left to wonder what impact the revisions will have on
 the statute as it pertains to unforeseeable leave; i.e., cases   their operations.
 in which an employee does not provide the 30 day notice
                                                                  Although not expressly dealing with the current version
 of their need for FMLA leave as required by 29 C.F.R.
                                                                  of 29 C.F.R. § 825.303(a), a few recent appellate-level
 § 825.302 due to an emergency or other unforeseen
                                                                  rulings have discussed the revised regulations and have
                                                                  offered their interpretation of what the impact might be.
 Prior to the DOL revisions in 2009, 29 C.F.R. § 825.303
                                                                  Saenz v. Harlingen Medical Center, L.P., 613 F.3d 576
 (a) stated that:
                                                                  (5th Cir. 2010)
         ―When the approximate timing of the need for
                                                                  In Saenz, the employer had a written policy requiring
         leave is not foreseeable, an employee should give
                                                                  employees to provide a third party FMLA administrator
         notice to the employer of the need for FMLA
                                                                  with notice of intent to use FMLA leave within two (2)
         leave as soon as practicable under the facts and
                                                                  days after their last absence. An employee who requested
         circumstances of the particular case. It is expected
                                                                  intermittent leave was terminated and denied her FMLA
         that an employee will give notice to the employer
                                                                  rights because, though her mother contacted the employer
         within no more than one or two working days of
                                                                  directly within two days, she did not contact the third
         learning of the need for leave, except in extraordi-
                                                                  party administrator until five days after the leave. In ap-
         nary circumstances where such notice is not foresee-
                                                                  plying the old regulation, the Fifth Circuit Court of Ap-
         able.‖ (emphasis added).
                                                                  peals found that the employee’s notice was sufficient
                                                                  even though it did not entirely conform to the employer’s
                                                                  written policy requiring notice within a two day period.

              May/June 2011   8
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  Importantly, the court indicated                                                 However, the Eighth Circuit went on to
  that the outcome may have been                                                   indicate that the recent amendments to
  just the opposite had the new regu-                                              29 C.F.R. § 825.303(b) effectuate a
  lation been applied. The court                                                   more stringent notice standard:
  stated that ―the revisions to 29
                                                                                         ―[T]he employee must specifi-
  C.F.R. § 825.303 – arguably in-
                                                                                         cally reference either the qualify-
  creases the duties imposed upon
                                                                                         ing reason for leave or the need
  employees seeking FMLA leave.‖
                                                                                         for FMLA leave. Calling in
  Thus, because the employee failed
                                                                                         ―sick‖ without providing more
  to provide notification to her em-
                                                                                         information will not be consid-
  ployer ―within the time prescribed       Employers would be well served to             ered sufficient notice to trigger an
  by the employer’s usual and cus-
                                           implement or revise their employee            employer’s obligations under the
  tomary notice requirement,‖ the
                                            leave policies to include specific           Act. The employer will be ex-
  court instructed that under the new
                                             employee notice requirements.               pected to obtain any additional
  regulation the employer likely
                                                                                         required information through in-
  would have been entitled to a sum-
                                                                                         formal means. An employee has
  mary judgment.
                                                                                         an obligation to respond to an
  Brown v. Automotive Components Holdings, LLC, 622 F.3d                                 employer’s questions designed to
  685 (7th Cir. 2010)                                                                    determine whether an absence is
                                                                                         potentially FMLA-qualifying.‖
  In Brown, the Seventh Circuit Court of Appeals under-
  took a comparison of the two versions of the regulation.      Scobey at 785.
  There, an employee failed to contact the employer until
  nine days after she learned of her need for extended
  leave. Applying the old rule, the Seventh Circuit found
  that the employee was expected to provide notice within       Although we have seen few, if any, post-revision judicial
  two working days of learning of the need for the leave,       opinions applying the current version of 29 C.F.R. §
  and, consequently, the employer was entitled to sum-          825.303, the above cases offer a glimpse into how courts
  mary judgment.                                                may approach the issue in future litigation. As the opin-
                                                                ions in Saenz, Brown and Scobey indicate, under the re-
  As in Saenz, however, the court found that application
                                                                vised version of 29 C.F.R.§ 825.303, where leave is not
  of the revised regulation would have necessitated a dif-
                                                                foreseeable, an employee must provide prompt, adequate
  ferent analysis. To wit, the court indicated that in its
                                                                notice and must strictly comply with their employer’s
  view, the revised language effectively diminishes the ef-
                                                                usual procedures for requesting unforeseeable leave.
  fect of the rigid two-day standard and instead focuses on
  the requirements of the employer’s own policy. Although       Consequently, employers would be well served to imple-
  this would have had no effect on the outcome in Brown,        ment or revise their employee leave policies to include
  the court’s emphasis on the employer’s policy is clear.       specific employee notice requirements.
  Scobey v. Nucor Steel-Arkansas, 580 F,3d 781
  (8th Cir. 2009).                                              About the Author:
  It is worth mentioning that the revisions to 29 C.F.R. §      W. Chapman Hopkins is an associate with McBrayer, McGinnis,
  825.303 may also impact the type of notice that is re-        Leslie & Kirkland, PLLC. Mr. Hopkins concentrates his practice
  quired. In Scobey, the Eighth Circuit Court of Appeals        in employment law, equine law and litigation. He is located in the
  noted that under the former version of 29 C.F.R. §            firm’s Lexington office and can be reached at
  835.305, an employee’s notice ―need not explicitly assert     or at (859) 231-8780.
  rights under FMLA or even mention the FMLA.‖ Thus,            This article is intended as a summary of newly enacted federal
  the old rule’s standard for notice was more generous to       law and does not constitute legal advice. Special thanks to Emily
  the employee.                                                 Grant, Law Clerk, and Andrew Trimble, Law Clerk, for contri-
                                                                butions to this article.

                                                                    May/June 2011   9
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   Judge Rebecca Overstreet Portrait Unveiled
  On April 20, 2011, a                                                                            The tradition of portraits
  portrait unveiling cere-                                                                        in the courthouse is one
  mony was held in the                                                                            that goes back many
  Fayette Circuit Court-                                                                          years. In 1897 when fire
  house for Judge Rebecca                                                                         destroyed the Fayette
  Overstreet who retired                                                                          County Courthouse, a
  after 25 years on the                                                                           desire arose to replace
  bench, serving first as a                                                                       the works of art lost in
  District Court judge                                                                            that fire. By 1914, the
  (1982-1988), then as a                                                                          number of portraits in
  Fayette Circuit Court                                                                           the possession of the
  judge, becoming the first                                                                       Fayette court system had
  woman elected to that                                                                           reached 21 and contin-
  court 1988. Judge                                                                               ued to grow. In 2001,
  Overstreet retired in                                                                           the Fayette County Bar
  2007.                                                                                           Association, working
                                                                with the eight current Circuit Court judges, received an
  Judge Overstreet’s portrait was painted by portrait artist
                                                                appraisal of the collection, which by then included three
  Maria Simmons of Elizabethtown, Ky. Judge Overstreet’s
                                                                busts, 46 oil paintings and one contemporary photograph.
  portrait will be in good company as it will hang in the
  Fayette Circuit Courthouse as part of the Fayette Circuit     In September 2002, the Fayette Circuit Court Portrait
  Court Portrait Trust. The portraits that comprise the trust   Trust was established to provide a perpetual trust for the
  collection read like a ―Who’s Who‖ of Lexington’s legal       effectual ownership and maintenance of the artwork.
  community and include Judge King Swope, Judge Scott           Today, portraits of retiring judges are paid for out of the
  Reed, Judge George E. Barker, Judge Richard Stoll,            proceeds of the annual Bench and Bar continuing legal
  Judge N. Mitchell Meade, Judge Watts Parker, Judge            education program that is a joint effort by the Fayette
  Armand Angelucci, Judge L.T. Grant and many more.             County Bar Association and the Fayette County judges.
  Additionally, the portrait trust portraits include those of
                                                                For more historic information about the portrait trust and
  Henry Clay, John C. Breckenridge, Isaac Shelby, Richard
                                                                a listing of the artwork, click here or visit
  Menifee and Henry T. Duncan, III.

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              May/June 2011   10
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                                                                                 Bar Foundation

  Bar Foundation Sets $1,000,000 Goal                             Fayette County Bar Foundation. At our last meeting, the
                                                                  Board set goals of increasing the Foundation endowment
  When I was recently asked to serve on the Board of Direc-
                                                                  to $1,000,000 and adding 220 new Fellows. While this is
  tors of the Fayette County Bar Foundation, I was quite
                                                                  a lofty goal, we believe that it is an important one and
  honored but I was not sure exactly why. Like many of
                                                                  one that can be reached with the help and generosity of
  you, I had heard of the Fayette County Bar Foundation
                                                                  the members of the Fayette County Bar Association.
  and knew that it was a charitable organization, but knew
  little about it. Now that I have learned more about the         If you have not been contacted already, in the coming
  Foundation and its mission, I am even more proud to be a        months you will be asked to consider becoming a Fellow.
  member of the Board of Directors and more importantly,          You may become a Fellow by contributing or pledging
  a new Fellow.                                                   $1,000 to the Fayette County Bar Foundation. Pledges
                                                                  may be paid in installments of $250.00 over a four (4) year
  The Fayette County Bar Foundation was founded in
                                                                  period. Contributions to the Fellows program are tax de-
  2006 with a mission of raising and distributing funds for :
                                                                  ductible and applied to the Foundation’s Endowment,
       delivery of legal services to the poor and indigent;      thereby increasing the availability of funding for grants in
                                                                  the future years. Of course, you do not have to wait to be
       law-related public education; and
                                                                  contacted to become a Fellow. If you would like to be-
       improvement of the judiciary, the legal profession,       come a Fellow now, you can download a pledge form at
        and citizen access to the justice system.       
  The Foundation serves this mission by making grants to          and return it to the Fayette County Bar Foundation, 219
  local not-for-profit organizations who serve one of these       North Upper Street, Lexington, KY 40507.
  three areas. Since its inception, the Foundation has distrib-   Please seriously consider becoming a Fellow and helping
  uted approximately $100,000 to support local programs,          us meet our goal of a $1,000,000 endowment. It would
  including the Maxwell Street Legal Clinic, Fayette County       certainly be an accomplishment that should make the Fay-
  Pro Bono Program, LARK (Lawyers Are Reading to Kids             ette County Bar Association and Fayette County Bar
  at the Carnegie Center), Henry Clay Center for Statesman-       Foundation proud.                        — Jay E. Ingle
  ship, Access to Justice, Grandparents as Parents Confer-
  ence, John Rowe Chapter of the Na-
  tional Bar Association, Legal Aid of
  the Bluegrass, and Kentucky Legal
  Education Opportunity Project. The
  Foundation has also worked collabo-
  ratively with the Kentucky Bar Foun-
  dation on several projects, including
  the very successful CARE (Credit
  Abuse Resistance Education) program
  for local high schools and more re-
  cently the Domestic Violence Advo-
  cacy program.
  The Fayette County Bar Foundation
  is supported by contributions from
  individual attorneys, law firms, and
  corporations. In just five years, the
  Foundation has received gifts and
  pledges that have allowed it to build
  an endowment of approximately
  $725,000. Much of that endowment
  can be attributed to 220 individuals
  who agreed to become Fellows of the
                                                                   May/June 2011    11
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  Fayette County Bar Association and Fayette Circuit Court present

  June 28-29, 2011
  12.5 Total Credit
  Hours (2 Ethics)

  includes: Light
  refreshments &
  seminar binder /

  Note: Prices at
  the door will include
  an additional $20
  walk-in fee.

  Register today
  to reserve your

  Complete and
  return the form
  below or call us
  at 225-9897.

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                                                                       Names in the News

                                                             Team. He was formerly an Associate at McGuireWoods
   Chief Justice Mary C. Noble becomes first                 LLP in Chicago. Mr. Soldato received a B.A. (2002)
   woman to preside in Supreme Court oral                    and a M.Ed. (2004) from the University of Notre Dame
                                                             and a J.D. cum laude from Northwestern University
                                                             School of Law in 2007. Mr. Soldato focuses his practice
   Deputy Chief Justice Mary C. Noble became                 on corporate services and regulatory matters for health
   the first woman to preside during oral arguments          care organizations. In this capacity, he has assisted in
   in the Supreme Court of Kentucky on June 8,               negotiating operating agreements, asset purchase agree-
   when she oversaw arguments in the criminal                ments, employment agreements and medical director
                                                             agreements. He has advised clients regarding healthcare
   case of Commonwealth of Kentucky v. Leinenbach.
                                                             fraud and abuse laws, Medicare and Medicaid participa-
   ―Most women today probably have more freedom
                                                             tion requirements, HIPAA, and various state health care
   to choose than they've ever had,‖ Justice Noble           laws and regulations. Mr. Soldato also assists clients in
   said. ―But we still have very limited opportunity         the development of corporate compliance programs.
   in leadership positions in the government and in
                                                             Sturgill, Turner, Barker & Moloney, PLLC is pleased
   business. So, when something like this happens,
                                                             to announce that Lauren Armstrong Parsons has joined
   it's a milestone.‖ Justice Noble presided in place
                                                             the firm as its marketing director. Ms. Parsons comes to
   of Chief Justice of Kentucky John D. Minton               Sturgill Turner from Preston-Osborne Marketing Com-
   Jr., who recused in the case. Arguments took              munications & Research, where she provided marketing
   place in the Supreme Court Courtroom in the               and public relations support for clients in the equine,
   Capitol in Frankfort.                                     education, legal, non-profit and municipal sectors, man-
                                                             aged political campaigns and lobbied the state legislature.
                                                             Ms. Parsons graduated from the University of Kentucky
 Wyatt, Tarrant & Combs, LLP announced that the              College of Law in 2008, and was a member of the Journal
 University of Kentucky College of Law has appointed         of Natural Resources and Environmental Law. During
 Laura A. D’Angelo, Partner at the law firm of Wyatt         law school, she worked for the Legislative Research
 Tarrant & Combs, LLP, to serve as Chair of the Planning     Commission as a graduate fellow with the Appropriations
 Committee of the 27 th National Conference on Equine        and Revenue Committee, then as a law clerk with Sturgill
 Law sponsored by the University of Kentucky College         Turner. In 2004, she earned a Bachelor of Arts degree in
 of Law. For 26 years, the University of Kentucky has        both political science and public relations from Western
 complemented the internationally famous Kentucky            Kentucky University.
 Derby with a conference tailored to equine legal issues
                                                             Sturgill, Turner, Barker & Moloney, PLLC is also
 that is unique in the United States. The objective of the
                                                             pleased to announce that Kevin G. Henry has been
 National Conference on Equine Law is to convey an
 understanding of current legal issues affecting breeding,   named the 2011 recipient of the YMCA of Central Ken-
                                                             tucky’s Red Triangle Award. The honor is the YMCA’s
 buying, selling, ownership interests, racing and other
 business operations of the horse industry. Ms. D’Angelo     highest recognition of outstanding personal leadership
 is a member of the Firm’s Governmental Affairs &            and service, awarded to a volunteer whose actions ex-
 Regulated Industries Service Team. She concentrates         emplify the YMCA triangle of spirit, mind and body.
 her practice in the areas of commercial lending, gaming     Henry began his involvement with the YMCA in 2000
 and equine law, limited liability companies and partner-    as a member of the Beaumont Centre Family YMCA’s
 ships and legislative and regulatory initiatives.           board of managers. He was elected to the YMCA Met-
                                                             ropolitan board of directors in 2007, and currently
 Wyatt, Tarrant & Combs, LLP is also pleased to an-          serves as treasurer of the board and chair of the organi-
 nounce that Daniel C. Soldato has joined the Firm. Mr.      zation’s finance committee. Henry’s trial and appellate
 Soldato is a member of the Firm’s Health Care Service       practice focuses on business and employment litigation.

              May/June 2011   14
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                                                                           Names in the News

 Fowler Measle & Bell PLLC is pleased to announce                cluding Neace Lukens, Lexington Clinic, Stock Yards
 Guy R. Colson has been selected in Best Lawyers in              Bank and Baptist Hospital East. The competition con-
 America 2011 in the area of Insurance Law. Mr. Colson           sists of 17,000 eligible companies.
 is a member and chair of the firm’s Litigation Group,
 with a focus on insurance defense, insurance coverage,          Fowler Measle & Bell PLLC is pleased to announce
 professional liability, personal injury and civil litigation.   that it has been named as one of the ―Best Places to
                                                                 Work in Kentucky‖ for 2011. At the Annual Awards
 For the fifth time, Stites & Harbison has been named            Dinner on April 20, 2011, Fowler received the highest
 one of the Top 10 ―Best Places to Work in Kentucky‖ in          ranking for a law firm in the small/medium category of
 the large employer category. Stites & Harbison is one of        businesses.
 only four companies in the state and the only law firm
 to be named to the Top 25 list in the large employer            Sturgill, Turner, Barker & Moloney, PLLC has been
 category every year since the competition began in              recognized as a ―Best Place to Work in Kentucky‖ by
 2005. ―Best Places to Work in Kentucky‖ is hosted by            the Kentucky Society for Human Resource Management
 the Kentucky Society for Human Resource Management              (KYSHRM) state council and the Kentucky Chamber of
 in conjunction with the Kentucky Chamber of Commerce.           Commerce. Sturgill Turner is a seven-time recipient of a
 Winners are selected from two categories: large company         ―Best Place to Work‖ award, with a 12th place ranking
 (250 employees or more) and small/medium company                in the small/medium company category for 2011.The
 (25 to 249 employees). Stites & Harbison was one of 39          firm was ranked the number one small/medium com-
 companies in the large company category honored, in-            pany to work for in Kentucky in 2007.

  Parting Shots

  Weldon Shouse and Stan
  Saunier were practicing lawyers
  in Lexington at the time of this
  photo. They fought in WWII and
  remained in the active reserves.
  This is a picture of them when
  they were called up for the Korean
  War. Their unit was not deployed,
  however, when another reserve
  unit was chosen instead.
  Mr. Shouse, a founding member
  of Landrum & Shouse, practiced
  law in Lexington for many years
  before his death. Mr. Saunier is
  still actively practicing law in
  Lexington with Dinsmore &

              – Justice James Keller

                                                                   May/June 2011    15
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