Eastern Kentucky politics.
I received this tip from a reader and thought I post it here in its ENTIRETY. Here it is:
Hi,
> This may be of interest to you given the heated nature of the State
> Senate race in eastern Kentucky between Scott Alexander and Brandon
> Smith. Three names were recently sent up to the Governor to fill the
> vacancy for the district judgeship for the 27th Judicial District
> covering Laurel and Knox Counties. One of the three names sent up was
> John Chappell of London Kentucky. In Wednesday's, Corbin Times Tribune,
> Mr. Chappell is quoted as saying that he received notice from the
> Governor's office that he would be receiving the district judge
> appointment this week. This is interesting given the fact that the same
> Mr. John Chappell contributed $200 dollars to the campaign of Scott
> Alexander on January 19, 2008 according to the KREF (Kentucky Registry
> of Election Finance) website, which was shortly before getting his
> notice of appointment. The Governors office has been promoting Scott
> Alexander heavily in eastern Kentucky and raising money for him.
> Apparently, contributions will also get you a judicial appointment as well. Not only is this wrong but
> illegal. For Mr. Chappell filed to run for the judicial vacancy on
> 12/12/2007 with the Sec. of States Office. Under Kentucky Supreme Court
> Rule 4.300, also known as the Kentucky Code of Judicial Conduct, under
> Canon 5(A)(1)(c) "A judge or a candidate for election to judicial office
> shall not solicit funds for or pay an assessment or make a contribution
> to a political organization or candidate...." In this situation
> candidate Chappell has violated the Code of Judicial Conduct with his
> contribution to Scott Alexander, but also it smells that someone is
> getting a judgeship from the Governor for a contribution to the
> Governor's candidate as this reaks of the old patronage system of giving
> money for a job. Please look into this.
I have already investigated the claims and they appear to be TRUE. Here is a link to the Corbin Times referred to in the email, which, with the SOS office, confirms that indeed Mr. Chappell filed last year to run for the office, and KREF site that confirms the campaign donations. In addition, the Supreme Court rule exists, though it may be of questionable constitutional validity in view of the Carey case.
Any thoughts anyone?
Hi,
> This may be of interest to you given the heated nature of the State
> Senate race in eastern Kentucky between Scott Alexander and Brandon
> Smith. Three names were recently sent up to the Governor to fill the
> vacancy for the district judgeship for the 27th Judicial District
> covering Laurel and Knox Counties. One of the three names sent up was
> John Chappell of London Kentucky. In Wednesday's, Corbin Times Tribune,
> Mr. Chappell is quoted as saying that he received notice from the
> Governor's office that he would be receiving the district judge
> appointment this week. This is interesting given the fact that the same
> Mr. John Chappell contributed $200 dollars to the campaign of Scott
> Alexander on January 19, 2008 according to the KREF (Kentucky Registry
> of Election Finance) website, which was shortly before getting his
> notice of appointment. The Governors office has been promoting Scott
> Alexander heavily in eastern Kentucky and raising money for him.
> Apparently, contributions will also get you a judicial appointment as well. Not only is this wrong but
> illegal. For Mr. Chappell filed to run for the judicial vacancy on
> 12/12/2007 with the Sec. of States Office. Under Kentucky Supreme Court
> Rule 4.300, also known as the Kentucky Code of Judicial Conduct, under
> Canon 5(A)(1)(c) "A judge or a candidate for election to judicial office
> shall not solicit funds for or pay an assessment or make a contribution
> to a political organization or candidate...." In this situation
> candidate Chappell has violated the Code of Judicial Conduct with his
> contribution to Scott Alexander, but also it smells that someone is
> getting a judgeship from the Governor for a contribution to the
> Governor's candidate as this reaks of the old patronage system of giving
> money for a job. Please look into this.
I have already investigated the claims and they appear to be TRUE. Here is a link to the Corbin Times referred to in the email, which, with the SOS office, confirms that indeed Mr. Chappell filed last year to run for the office, and KREF site that confirms the campaign donations. In addition, the Supreme Court rule exists, though it may be of questionable constitutional validity in view of the Carey case.
Any thoughts anyone?
Labels: Justice, Kentucky politics
posted by KYJurisDoctor at 3:18 PM
4 Comments:
Osi:
We'll have to wait for the Judicial folks to get a complaint before we can figure that one out. I'm guessing someone's proxy will.
In the meanwhile, here's what I wrote about the pick itself. My guess is that John simply made an honest mistake in a race that has implications for his family back in the 30th:
Gov. Beshear has appointed a gentleman and fine lawyer to represent voters in District Court in the 27th Judicial Circuit in Laurel and Knox County. When I started practicing law in London, John had already been an attorney for three years. He had a great deal of experience in a (mostly) solo practice and handled a wide variety of cases.
John was a very successful defense attorney and did quite a bit of personal injury cases. If memory serves me, he once won a verdict in excess of $1,000,000.00, thus becoming a member of the “million dollar club.” (My apologies to my lawyer friends if I’m not calling it by the right name… being a bureaucrat saps your legal knowledge.) Furthermore, John was very well regarded in federal court where he handled trials and did appellate work.
In addition to his legal experience, John has the right personality to sit in judgment (literally) of anyone who comes before him. He has an excellent temperament that makes him more suited than most to be a Judge. He relates well to country people and will understand where the very poor- most of the folks who appear in District court- are coming from.
While I'm sure John did his political homework (and groundwork) to clinch this appointment, anyone who thinks he’s a partisan will be badly fooled. I don’t know his politics but I do know he’s a conservative temperamentally and a moderate when it comes to dealing with people-- probably the best qualities a Judge could have. For what it’s worth, the guy also has a good sense of humor.
Finally, John Chappell is one of the nicest and most honest lawyers around; all that in a profession that more often favors bombast than gentlemanliness. John Chappell will make a great addition to the court and will pair well with John Knox Mills, another incredibly nice man. Governor Beshear deserves credit for this one.
CYBERONE: I don't think an "honest mistake" will cut it, as the PROHIBITION is CLEAR! That is why I steer CLEAR of making such contributions.
I do think, however, as I already stated here, that the rule may very well be of QUESTIONABLE constitutional validity!
I haven't looked it up, but I'll assume you have it right. That simply proves my point. You and I are 20 times more political than John. We would have thought about that. He didn't b/c he's not political and obviously didn't know a thing about it. I know ignorance is no defense, and I'm sure a proxy (which is what John would have had to make the donation if he were political) will file something and we'll let the black robes sort it out. But I fail to see where this is anything but an honest mistake.
For what it's worth, I do NOT believe our Governor would have made the appointment as a tit for tat (for $200? common on) as is being suggested by the other blogs.
I don't think anyone, including the Governor, who I supported, will be that stupid!
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