In Other News, Federal Judge Danny Reeves Aims To Neuter Eric "Bull Dog" Deters. Stay Tuned.
Federal judge will sanction Deters
Written by Jim Hannah
A federal judge has announced that he will sanction lawyer and radio personality Eric Deters for filing a lawsuit in January against Kentucky Supreme Court Chief Justice John Minton Jr. and the state bar association.
U.S. District Judge Danny Reeves will hold a hearing July 13 in Frankfort to determine the appropriate sanction for filing the suit, which was later withdrawn. The order said the sanction may take the form of something other than a monetary fine but didn’t specify what that might be.
“In short, Deters must learn to think before he acts,” Reeves wrote. “Before imposing sanctions in an effort to deter similar future conduct, the Court will decide the nature and extent of the sanctions to be imposed.”
Deters’ attorney, former gubernatorial candidate Larry Forgy, said he found it suspicious that Reeves waited five months to take any action against Deters. In that time, U.S. District Judge William Bertelsman sanctioned Deters $12,800, and Deters filed another lawsuit against the bar association.
“It is damn suspicious to me that Reeves waited all this period of time and waited until Bertelsman joined in the evisceration of my client,” Forgy said. “Eric Deters did nothing wrong in filing the initial suit or the second suit. I hope the public is getting some kind of sense that this is a cabal.”
Forgy said it appears Reeves has joined the “parade” of people out to get his client. Deters added that he would appeal any sanction handed out by Reeves.
The tone Reeves’ order was going to take was clear from the first five sentences of the 17-page document.
“Think before you speak,” Reeves wrote. “Look both ways before you cross the street. Haste makes waste. Measure twice, cut once. Countless maxims underscore a simple truth: Action which precedes deliberation is both dangerous and potentially wasteful.”
Deters’ initial suit against the Kentucky Bar Association was an attempt to stop the bar from proceeding with disciplinary charges against him. Reeves declined to issue an injunction blocking the release of a recommendation that Deters be suspended from the practice of law for 181 days and Deters withdrew the suit.
Reeves’ biggest complaint with Deters appears to be his lack of legal research before filing lawsuits.
“… he filed a complaint without either conducting or appropriately reviewing the basic research necessary to ensure the credibility of the claims he sought to advance,” Reeves wrote of the suit against the bar association. “Deters’ deficiencies in research resulted in him making statements in pleadings that were blatantly incorrect and contrary to all precedent on particular subjects.”
Echoing the sentiment expressed in the bar association complaint against Deters, Reeves wrote that Deters has a “Ready, Fire, Aim” approach to litigation.
“Deters appears to believe that he can file any suit against any person, and only later conduct the required research and, if necessary, amend to bring his claims in compliance with the law,” Reeves wrote.
The judge wrote Deters has either “exhibited a complete lack of understanding of what he reads” or “demonstrated a willful deception of materials” presented in court.
Deters insists he researched the first suit before he filed it.
“I research and contemplate the filing of every lawsuit,” Deters said. “I resent Judge Reeves comments, which are out of line.”
Reeves has not yet made a ruling in the second lawsuit Deters has brought against the bar association.
Forgy has said the new suit makes different legal claims than the initial suit. It questions whether the state Supreme Court can grant immunity to the bar association’s in-house counsel, the disciplinary force of the bar.
Forgy contends immunity can be granted only by an act of the state legislature.
Written by Jim Hannah
A federal judge has announced that he will sanction lawyer and radio personality Eric Deters for filing a lawsuit in January against Kentucky Supreme Court Chief Justice John Minton Jr. and the state bar association.
U.S. District Judge Danny Reeves will hold a hearing July 13 in Frankfort to determine the appropriate sanction for filing the suit, which was later withdrawn. The order said the sanction may take the form of something other than a monetary fine but didn’t specify what that might be.
“In short, Deters must learn to think before he acts,” Reeves wrote. “Before imposing sanctions in an effort to deter similar future conduct, the Court will decide the nature and extent of the sanctions to be imposed.”
Deters’ attorney, former gubernatorial candidate Larry Forgy, said he found it suspicious that Reeves waited five months to take any action against Deters. In that time, U.S. District Judge William Bertelsman sanctioned Deters $12,800, and Deters filed another lawsuit against the bar association.
“It is damn suspicious to me that Reeves waited all this period of time and waited until Bertelsman joined in the evisceration of my client,” Forgy said. “Eric Deters did nothing wrong in filing the initial suit or the second suit. I hope the public is getting some kind of sense that this is a cabal.”
Forgy said it appears Reeves has joined the “parade” of people out to get his client. Deters added that he would appeal any sanction handed out by Reeves.
The tone Reeves’ order was going to take was clear from the first five sentences of the 17-page document.
“Think before you speak,” Reeves wrote. “Look both ways before you cross the street. Haste makes waste. Measure twice, cut once. Countless maxims underscore a simple truth: Action which precedes deliberation is both dangerous and potentially wasteful.”
Deters’ initial suit against the Kentucky Bar Association was an attempt to stop the bar from proceeding with disciplinary charges against him. Reeves declined to issue an injunction blocking the release of a recommendation that Deters be suspended from the practice of law for 181 days and Deters withdrew the suit.
Reeves’ biggest complaint with Deters appears to be his lack of legal research before filing lawsuits.
“… he filed a complaint without either conducting or appropriately reviewing the basic research necessary to ensure the credibility of the claims he sought to advance,” Reeves wrote of the suit against the bar association. “Deters’ deficiencies in research resulted in him making statements in pleadings that were blatantly incorrect and contrary to all precedent on particular subjects.”
Echoing the sentiment expressed in the bar association complaint against Deters, Reeves wrote that Deters has a “Ready, Fire, Aim” approach to litigation.
“Deters appears to believe that he can file any suit against any person, and only later conduct the required research and, if necessary, amend to bring his claims in compliance with the law,” Reeves wrote.
The judge wrote Deters has either “exhibited a complete lack of understanding of what he reads” or “demonstrated a willful deception of materials” presented in court.
Deters insists he researched the first suit before he filed it.
“I research and contemplate the filing of every lawsuit,” Deters said. “I resent Judge Reeves comments, which are out of line.”
Reeves has not yet made a ruling in the second lawsuit Deters has brought against the bar association.
Forgy has said the new suit makes different legal claims than the initial suit. It questions whether the state Supreme Court can grant immunity to the bar association’s in-house counsel, the disciplinary force of the bar.
Forgy contends immunity can be granted only by an act of the state legislature.
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posted by KYJurisDoctor at 6:31 PM
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