Kentucky Court of Justice
Court of Appeals to hear Jefferson County appeals Feb. 23 in Louisville
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in three Jefferson County civil case appeals Wednesday, Feb. 23, in Louisville. Proceedings will take place in the 10th floor Appellate Courtroom at the Jefferson County Judicial Center, 700 W. Jefferson St. Proceedings will be open to the public.
A three-judge panel comprised of Court of Appeals Chief Judge Jeff S. Taylor, Court of Appeals Judge Janet L. Stumbo and Senior Judge Joseph E. Lambert will hear arguments in the appeals.
WEDNESDAY, FEB. 23, 2011 (Times are in EST)
1 PM 2010CA000302
ROBERT JONES v GEICO INDEMNITY COMPANY
Summary: Civil. The trial court in this case granted summary judgment to the insurer, holding that Kentucky insurance code does not require insurers to affirmatively advise prospective insured that BRB coverage is available. KRS 304.39-060(9) and KRS 304.39-040(4).
Jefferson County judge who presided in the case – Judge Olu A. Stevens
Appellant’s attorney: Timothy McCarthy
Appellee’s attorney: Michael Defilippo
1:45 PM 2010CA000592
ADA BALDWIN v LAWYERS MUTUAL INSURANCE COMPANY OF KENTUCKY
Summary: Civil. The trial court granted summary judgment to appellee Lawyers Mutual Insurance Company of Kentucky in this case about a professional liability insurance contract. At issue is whether the court correctly determined the liability limits of the policy based on the timing of the appellant’s insurance claim. The court found that appellant Ada Baldwin increased the liability limits in the policy before asserting her claim.
Jefferson County Judge who presided in the case – Judge Irv Maze
Appellant’s attorneys: Michael Hance and Gary Shipman
Appellee’s attorneys: Brent Asseff and Christopher O’Bryan
2:30 PM 2010CA000620
CHRIS GORMAN v STITES & HARBISON, PLLC
Summary: Civil. The trial court granted summary judgment in this case involving claims of malicious prosecution, abuse of process and defamation. At issue is whether the court was correct in determining that Stites & Harbison’s prior legal action against appellant Chris Gorman was not resolved in Gorman’s favor. This determination would bar Gorman’s claim that Stites & Harbison wrongfully brought civil action against him (abuse of process claim).
Judge who presided in the case – Senior Judge Ann O’Malley Shake
Appellant’s attorneys: Glenn Cohen and Lynn Watson
Appellee’s attorneys: Tanisha Hickerson, Raymond Smith and Edward Stopher
COURT OF APPEALS PANEL
Chief Judge Jeff S. Taylor
Judge Taylor is chief judge of the Kentucky Court of Appeals. He assumed the role in July 2010 after his colleagues on the court elected him to the position. The chief judge provides administrative oversight to the Court of Appeals.
Judge Taylor was first elected as a Court of Appeals judge in November 2003 to represent the 2nd Appellate District, which is comprised of Barren, Breckinridge, Bullitt, Daviess, Grayson, Hancock, Hardin, Hart, Henderson, LaRue, Meade, Ohio, Union and Warren counties. He was re-elected in November 2006 to a full eight-year term.
He previously practiced law in Owensboro for more than 20 years and was a sole practitioner from 1990 until his election to the Court of Appeals.
Judge Taylor has a Bachelor of Science degree from Murray State University and a Master of Public Administration degree from Memphis State University. He earned his law degree from the University of Louisville Louis D. Brandeis School of Law, graduating with honors in 1982. He is a 1971 graduate of Elizabethtown High School.
He serves on the Kentucky Bar Foundation Board of Directors and on the board of directors for the Daviess County Public Schools Foundation. He served on the Murray State University Board of Regents from September 2006 to September 2009.
He is a past president of the Kentucky chapter of the Federal Bar Association. He is also past president of the Daviess County Bar Association, Daviess County Public Defender Corp. and the Daviess County Lawyer Referral Service. He is a member of the American, Kentucky and Daviess County bar associations.
Judge Taylor is a Life Fellow in the Kentucky Bar Foundation and a member of the Brandeis Honor Society at the University of Louisville Louis D. Brandeis School of Law.
Judge Taylor is a member of the Owensboro-Daviess County Chamber of Commerce, is past president of the Owensboro Kiwanis Club and serves on the Girls Inc. Board of Trustees. He is a former board member of the Owensboro-Daviess County Committee on Aging. He has been a frequent United Way volunteer and has been a volunteer for the Salvation Army and Boy Scouts Law Explorers.
Judge Taylor was born in Fort Knox and raised in Daviess County.
Judge Janet L. Stumbo
In 1989, Janet L. Stumbo became the first woman from the 7th Judicial District to be elected to the Kentucky Court of Appeals. At that time, she was only the second woman to serve on the Court of Appeals and the first woman to be elected without having first been appointed.
Judge Stumbo served four years with the Court of Appeals before being the first woman elected (again without having first been appointed) to the Supreme Court of Kentucky in November 1993. She was re-elected to a full eight-year term on the Supreme Court in 1996. While a Supreme Court justice she served as chair of both the Civil Rules Committee and the Family Court Consortium, a statewide committee appointed by then-Chief Justice Robert F. Stephens to implement a pilot project for Family Court. The consortium’s work resulted in the enactment of an amendment to the Kentucky Constitution and legislation establishing Family Court in jurisdictions across the commonwealth.
In November 2006, two years after completing her Supreme Court tenure, Judge Stumbo was elected to the Court of Appeals for a second time to represent the 7th Appellate District. The 7th Appellate District is comprised of Boyd, Breathitt, Carter, Elliott, Floyd, Greenup, Harlan, Johnson, Knott, Lawrence, Letcher, Magoffin, Martin, Menifee, Montgomery, Morgan, Owsley, Perry, Pike, Powell, Rowan and Wolfe counties.
Judge Stumbo earned her bachelor’s degree from Morehead State University and her juris doctor from the University of Kentucky College of Law. She began her legal career as a staff attorney to the late Judge Harris S. Howard of the Kentucky Court of Appeals. She entered private practice in 1982 with Turner, Hall & Stumbo PSC, where she focused on cases involving workers’ compensation, federal black lung claims, dissolution of marriage and personal injury.
She also served as assistant Floyd County attorney for three years and sat on the board of directors of the Appalachian Research and Defense Fund of Kentucky from 1983 to 1989, serving as board chair from 1984 to 1989. Judge Stumbo became a partner in Stumbo, DeRossett & Pillersdorf in 1989, just before being elected to the Court of Appeals for the first time.
During her break from the bench from 2004 to 2006, she taught at the Appalachian School of Law and the University of Kentucky College of Law. She also taught a mock trial course for high schools students at Verbally and Mathematically Precocious Youth, a summer camp hosted by Western Kentucky University.
Judge Stumbo was inducted into the UK College of Law Alumni Hall of Fame in 1999 and into the Morehead State University Alumni Association Hall of Fame in 1990. In 1996 the Kentucky Bar Association for Women gave her its first Women Lawyers of Achievement Award, which recognizes professional excellence in the practice of law and efforts to open the field for other women. In 1995 the Women in State Government Network presented her with its Bull’s Eye Award. The Kentucky Women Advocates gave her its 1995 Outstanding Justice Award for her support of adopting gender fairness into state judicial language. In 1991 the Kentucky Women Advocates gave her its Justice Award for her use of spousal abuse evidence as grounds for setting aside a settlement in dissolution of marriage cases and for her support in creating a shelter for abused women in Floyd County.
Judge Stumbo is a native of Floyd County.
Senior Judge Joseph E. Lambert
Judge Joseph E. Lambert is a senior judge assigned to the Court of Appeals and is chief judge of Kentucky’s Senior Judges Program. He became a senior judge after retiring June 27, 2008, as chief justice of the Supreme Court of Kentucky.
Judge Lambert served 22 years as a Supreme Court justice and 10 years as chief justice. He was first elected to the Supreme Court in 1986 from the 27 southeastern Kentucky counties of the 3rd Supreme Court District. He was subsequently re-elected in 1994 and 2002. He became Kentucky’s fourth chief justice in October 1998 by a vote of his fellow justices and was re-elected to two additional four-year terms as chief justice in 2002 and in 2006.
During Judge Lambert’s 10-year tenure as chief justice, the Kentucky Court of Justice made great strides in Family Court, judicial facilities, court technology, Drug Court, judicial education, pretrial services and diversity awareness. In the last decade, Kentucky has earned a national reputation for Family Court, court facilities improvement, Drug Court and many other cutting-edge initiatives.
As a justice of the Supreme Court, Judge Lambert authored more than 400 published opinions of the Court and scores of dissenting and concurring opinions. In addition, he authored more than 500 memorandum opinions. He has been a frequent lecturer at bar conferences and has authored articles for publication in scholarly journals and the Kentucky Bar Association’s Bench and Bar magazine. He has also participated in numerous national legal education events as an invited speaker or panelist. As chief justice, he was an active member of the national Conference of Chief Justices and was elected to serve on its board of directors.
In 2000, the Kentucky Bar Association named him Outstanding Judge of Kentucky. He is a former board member of the Conference of Chief Justices and a former regent of Eastern Kentucky University. He serves as board chair of the Kentucky Judicial Form Retirement Plan.
The Kentucky Department of Public Advocacy gave Judge Lambert its Public Service Award in 2006. In 2004, he received the Civil Rights Award from both the Northern Kentucky NAACP and the Lexington NAACP for his commitment to eliminating discrimination. In 2003, he was awarded the Kentucky Bar Association President’s Special Service Award. He was given the Kentucky Public Advocate Award in 2001. In 2000, the National Association of Drug Court Professionals gave him its Leadership Award.
In October 2007, U.S. Chief Justice John G. Roberts Jr. appointed Chief Justice Lambert to membership on the Committee on Federal-State Jurisdiction of the Judicial Conference of the United States.
He holds a bachelor’s degree from Georgetown (Ky.) College and a juris doctor from the University of Louisville Brandeis School of Law, which gave him its Distinguished Alumni Award. He has received honorary doctor of laws degrees from Georgetown College, Eastern Kentucky University and Northern Kentucky University Chase College of Law.
Kentucky Court of Appeals
Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.
Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.
Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm for the state court system. The AOC supports the activities of nearly 3,600 court system employees and 403 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.