Kentucky Court of Justice
Louisville smoking ban appeal among those Kentucky Court of Appeals will hear Dec. 17 in Shepherdsville
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four cases Wednesday, Dec. 17, in Shepherdsville, including a case appealing a Jefferson County Circuit Court ruling that declared the Louisville Metro smoking ordinance unconstitutional. All proceedings will be open to the public and will take place in Courtroom 301 on the third floor of the Bullitt County Judicial Center at 250 Frank E. Simon Ave.
A three-judge panel consisting of Court of Appeals Judges Joy A. Moore, Jeff S. Taylor and Laurance B. VanMeter will hear oral arguments in Louisville/Jefferson County Metro Government et al. v. Metro Louisville Hospitality Coalition Inc. et al. at 1:30 p.m. The panel will hear oral arguments in two other Jefferson County cases following the smoking ordinance appeal.
A separate three-judge panel consisting of Court of Appeals Judges Michael Caperton, Jeff S. Taylor and Thomas B. Wine will hear the first case of the day – a case on appeal from Knox County – at 11 a.m.
A case docket containing summaries of the cases is below.
Wednesday, Dec. 17, 2008
11 AM 2008CA000169
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v.
Summary: Civil. State Farm is appealing a judgment entered against it for uninsured motor vehicle coverage benefits, arguing that it should not provide uninsured motorist benefit coverage to an estate due to the exclusive remedy under the Kentucky worker’s compensation statutes. State Farm also argues that there is no underinsured coverage available under the policy.
Knox County judge who ruled in the case – Judge Roderick Messer
Appellant’s attorney: John Vincent
Appellee’s attorney: Samuel Girdner Davies
1:30 PM 2008CA000377
LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ET AL. v.
METRO LOUISVILLE HOSPITALITY COALITION INC. ET AL.
Summary: Civil. Appellants are seeking a review of the trial court’s ruling, which declared the smoking ban ordinance enacted by Louisville/Jefferson Metro Government unconstitutional based on an exemption for facilities licensed and regulated by the Kentucky Horse Racing Authority. Appellants are also seeking a review of whether the trial court erred in ruling that the exemption could not be severed from the remainder of the ordinance.
Jefferson County judge who ruled in the case – Judge Stephen P. Ryan
Appellants’ attorneys: N. Scott Lilly, Eamon Patrick Mulvihill, William P. O’Brien and David A. Sexton
Appellees’ attorneys: C. Michael Hatzell, John R. Wilson and Michael Rollin Wilson
2:15 PM 2007CA002066
JESSE GARON v. LOUISVILLE AND JEFFERSON COUNTY
HUMAN RELATIONS COMMISSION ET AL.
Summary: Civil. At issue is whether the Louisville and Jefferson County Human Relations Commission has the authority to settle a matter without the consent of the complaining witness.
Jefferson County judge who ruled in the case – Judge Judith E. McDonald-Burkman
Appellant’s attorney: Elizabeth A. Coleman
Appellees’ attorneys: Mark W. Dobbins, Michael R. Mazzoli, Jeffrey B. Skora and Will J. Walsh IV
3 PM 2008CA000344
LOIS JACKSON v. MICHAEL MACKIN
Summary: Civil. Issue is whether Circuit Court properly granted appellee’s motion to dismiss based on arbitration clause in contract.
Jefferson County judge who ruled in the case – Judge Kathleen Voor Montano
Appellant’s attorney: James M. Bolus Jr.
Appellee’s attorneys: Glenn Alan Cohen and Cynthia L. Effinger
Judge Michael Caperton
Judge Michael Caperton was elected to the Kentucky Court of Appeals on Nov. 6, 2007, and represents Division 1 of the 3rd Appellate District. The 3rd Appellate District is comprised of Adair, Bell, Casey, Clay, Clinton, Cumberland, Estill, Garrard, Green, Jackson, Knox, Laurel, Lee, Leslie, Lincoln, Marion, McCreary, Metcalfe, Monroe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne and Whitley counties.
Prior to his election to the Court of Appeals, Judge Caperton served 14 years as a District Court judge for the 27th Judicial District, which consists of Knox and Laurel counties. He was elected district judge in 1994 and served until he was sworn in as Court of Appeals judge in December 2007.
Judge Caperton is a native of Laurel County, where he has resided most of his life. After graduating from Transylvania University in 1977, Judge Caperton earned a teaching certificate from Cumberland College in biology and chemistry. He received his juris doctor from the University of Kentucky College of Law in 1987.
Judge Caperton has two teenage daughters.
Judge Joy A. Moore
Judge Joy A. Moore was elected judge for the Kentucky Court of Appeals in November 2006 to serve Division 2 of the 6th Appellate District. The 6th Appellate District is comprised of Bath, Boone, Bracken, Campbell, Carroll, Fleming, Gallatin, Grant, Harrison, Henry, Kenton, Lewis, Mason, Nicholas, Oldham, Owen, Pendleton, Robertson, Shelby, Spencer and Trimble counties.
Judge Moore served six years as chief law clerk for William O. Bertelsman, senior judge of the U.S. District Court for the Eastern District of Kentucky. She also served as staff attorney to Kentucky Court of Appeals Judges Daniel T. Guidugli and Robert W. Dyche III. As a practitioner, Judge Moore specialized in civil rights defense work in the litigation department of Adams, Stepner, Woltermann & Dusing PLLC in Covington and practiced general litigation law with Hoffman, Hoffman & Grubbs in Elsmere.
Judge Moore graduated magna cum laude from Morehead State University, where she also earned a master’s degree and a Rank I teaching certificate. After teaching special education for seven years in Grant and Pendleton county schools, Judge Moore earned her juris doctor from the Northern Kentucky University Salmon P. Chase College of Law. She ranked No. 1 in her law school class, graduated magna cum laude and was a member of the Northern Kentucky Law Review. She received numerous scholarships and awards for academic achievement, including the Chase Excellence Scholarship.
Judge Moore is a member of the Kentucky Bar Association, the Northern Kentucky Bar Association and the Salmon P. Chase Inn of Court. She serves on the St. Elizabeth Hospice Committee and the Executive Committee of Every Child Succeeds. She is a 2006 graduate of Leadership Northern Kentucky and serves on its Government Committee. She is a former member of Vision 2015, a 10-year strategic plan developed by Northern Kentucky citizens for economic growth, as well as the Kentucky Personnel Board, the Governor’s Postsecondary Education Nominating Commission and the board of the Boone County Court Appointed Special Advocates. She is a member of Florence Baptist Church, where she previously served on the Women’s Council.
Judge Moore grew up in Menifee County and resides in Boone County with her husband, Gary W. Moore. They have two children, Brandi Moore List and Scott Moore.
Judge Jeff S. Taylor
Jeff S. 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.
Judge Taylor 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.
He 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 Brandeis School of Law, graduating with honors in 1982. He is a 1971 graduate of Elizabethtown High School.
Judge Taylor serves on the Kentucky Bar Foundation Board of Directors. In September 2006, he accepted an appointment to serve a six-year term on the Murray State University Board of Regents. Judge Taylor also serves on the board of directors for the Daviess County Public Schools Foundation.
Judge Taylor 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. He is a Life Fellow in the Kentucky Bar Foundation and a member of the Brandeis Honor Society at the 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. He is married to the former Betty Keller. She has one son, and they have two grandchildren.
Judge Laurance B. VanMeter
Judge Laurance B. VanMeter was elected to the Kentucky Court of Appeals in November 2003 to serve Division 1 of the 5th Appellate District. He was re-elected to the Court of Appeals in November 2006. The 5th Appellate District is comprised of Anderson, Bourbon, Boyle, Clark, Fayette, Franklin, Jessamine, Madison, Mercer, Scott and Woodford counties.
Judge VanMeter also serves as Court of Appeals representative on the Ethics Committee of the Kentucky Judiciary.
Prior to being elected to the Court of Appeals, Judge VanMeter was appointed to serve as a Fayette County circuit judge in 1999. From 1994 to 1999, he was a district judge for Fayette County, Division 1 of the 22nd Judicial District. He practiced law with the Lexington firm of Stoll, Keenon & Park from 1983 to 1994.
Judge VanMeter has been actively involved in many community organizations, including Little League Baseball, Boys and Girls Clubs of America, and Parents Place.
He received his undergraduate degree in 1980 from Vanderbilt University and his law degree in 1983 from the University of Kentucky College of Law, where he was a member of the Order of the Coif and the Kentucky Law Journal.
Judge VanMeter was born in 1958 and is a native of Winchester.
Judge Thomas B. Wine
Judge Thomas B. Wine was appointed to the Kentucky Court of Appeals in August 2006 to serve Division 1 of the 4th Appellate District, which consists of Jefferson County. He was subsequently elected to the Court of Appeals in November 2006.
Judge Wine was elected to the Circuit Court bench in November 1991 and re-elected in 1999. He served as chief judge of Jefferson Circuit Court in 2000 and 2001 and as president of the Louis D. Brandeis American Inns of Court in 2002 and 2003. He was in private practice from 1990 until he assumed the duties of circuit judge.
Before embarking on his judicial career, Judge Wine worked in the Office of the Commonwealth’s Attorney in Jefferson County from 1979 to 1984 and from 1988 to 1990. He worked in the Office of the Attorney General in Frankfort from 1984 to 1988.
Judge Wine was born in Louisville. He graduated from the University of Louisville with a bachelor’s degree in 1977 and a juris doctor in 1980.
He and his wife, Annie, have two children, Daniel Jacob and Matthew Joseph.
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.
The Administrative Office of the Courts in Frankfort supports the activities of 4,000 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC prepares a biennial budget draft and executes the Judicial Branch budget.