A novelty: Morgan CJE indicted for "abusing public trust".
A little known law, introduced in 2003 by state Senator, Dick Roeding, and unanimously approved both the House and the Senate, is being used to prosecute Morgan County Judge Executive, Tim Conley, a Republican. Read the story. The CJE blames politics, which could probably explain why the charges were brought in the first place, but DOESN'T EXCUSE it.
The statute is KRS 522.050. In an attempt to input the legal maxim "ignorance of the law is no excuse" into the statute by making it clear that "[a] public servant is presumed ... [t]o know any legal obligation relative to his or her criminal liability under this section," the statute may run into danger of attempting to remove an accused's constitutional presumption of innocence. However, the court's are likely to give it constitutional effect, by ignoring any absurdity present in it.
As such, if found guilty, Tim Conley would be removed from office and barred from "holding any public office thereafter." In addition, depending on the amount of the abuse -- theft of under $10,000 will bring a Class D felony (one to five years' incarceration), theft of more than $10,000 would be a Class C felony (a prison term of five to 10 years), and thefts involving more than $100,000 worth of public money or property would command a Class B felony (subject to prison terms of 10 to 20 years).
Serious stuff, if you ask me -- though not as serious as what those Chinese folks would have done (see post below)!
The statute is KRS 522.050. In an attempt to input the legal maxim "ignorance of the law is no excuse" into the statute by making it clear that "[a] public servant is presumed ... [t]o know any legal obligation relative to his or her criminal liability under this section," the statute may run into danger of attempting to remove an accused's constitutional presumption of innocence. However, the court's are likely to give it constitutional effect, by ignoring any absurdity present in it.
As such, if found guilty, Tim Conley would be removed from office and barred from "holding any public office thereafter." In addition, depending on the amount of the abuse -- theft of under $10,000 will bring a Class D felony (one to five years' incarceration), theft of more than $10,000 would be a Class C felony (a prison term of five to 10 years), and thefts involving more than $100,000 worth of public money or property would command a Class B felony (subject to prison terms of 10 to 20 years).
Serious stuff, if you ask me -- though not as serious as what those Chinese folks would have done (see post below)!
Labels: Corruption, Crime, Democracy for sale, Kentucky politics, Public Service
posted by KYJurisDoctor at 12:19 AM
4 Comments:
This reeks of Greg Stumbo. The special prosecutor is from Prestonsburg and is a crony of Stumbo's and the star witness was an investigator with Stumbo's Gestapo, a/k/a Kentucky Bureau of Investigation. This was politically motivated to take out a Republican leader in a Democrat county and it stinks. If anyone should be indicted for abuse of the public trust, it's Stumbo.
"This was politically motivated to take out a Republican leader in a Democrat county and it stinks."
It is very probable, but if the allegation is true -- does it matter?
Maybe, Kentucky will be less corrupt if we actually prosecuted public corruption, party affiliation NOT withstanding.
So if we know of Democrats who deserve prosecution for like accusation, let's bring it to Stumbo's attention and see how he reacts. If he doesn't pursue the case(s), like he should, then we can accuse him of politically motivated selective prosecution and make it stick!
Otherwise, we are arguing (nonsensically) that prosecution should be excused, because the accused is of the other party!!
If the CJE does not have authority to support basic nonpolitical community interests like helping out a CHURCH, what good is the CJE office to begin with? What justifies it's existence?
Nothing.
But if they insist on enforcing this, Conley does have a constitutional right to equal justice under the law. So there better be literally dozens of similar indictments across the state, with the majority being Democrats (according to demographics). Otherwise, he did not get equal justice.
Good point. But public money, unless appropriated, should NOT be used to "abuse public trust". If this charge is successfully prosecuted, it would certainly get a lot of politicians to be wiser (and exhibit stewardship) with public money!
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