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Mark Hebert
March 2008
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Deckard is new KBA President

5:40 PM Mon, Jan 22, 2007 |
Mark Hebert

Governor Fletcher's General Counsel and the former chief of staff for Kentucky's Chief Justice will be the new head of the Kentucky Bar Association.

That's the same KBA that has requested access to all of the grand jury testimony from the investigation of the Fletcher administration. That means, if the KBA is investigating any possible misconduct by lawyers during the merit investigation, Deckard will be in a position to influence any discussion or decisions regarding that probe. Or Deckard might be one of the lawyers that's currently under KBA scrutiny since he played a role in Fletcher's defense. According to sources, the KBA may be doing due diligence on lawyers who were indicted and later pardoned by Fletcher. Marshall Hughes and Cory Meadows come to mind.

I contacted a couple of attornies today who expressed concern that the appointment of Deckard might politicize the KBA and solidify some sort of alliance between Chief Justice Joseph Lambert and Governor Fletcher. But both of the lawyers I talked to acknowledge that Deckard is a bright guy and might do a good job if he keeps his politics in his back pocket instead of wearing it on his chest.



3 Comments

Ben Cowgill said:

Mark, I do not think your concerns are well-founded. See my post at KentuckyLegalEthics.com (http://kentuckylegalethics.com).

Todd K. Bolus said:

It is way past time to decouple the KBA from the court system. Let the Supreme Court run a disciplinary committee like it does in other states, while leaving the KBA free to act as a trade association for the genuine and legitimate business interests of its membership, as well as to lobby for procedural changes that forces the judiciary to recognize that the time of lawyers and litigants is valuable and not to be wasted.

From the ethical side, I just can't help but recall the Stephen Catron episode, and how his incident appeared to get slow-played. The KBA can artfully spin this hire, but I really don't see how they can make a silk purse out of a sow's ear simply by relying on lawyer apathy.

getballs said:

Mark, let me guess. those 2 attorneys you contacted represent ... Mark Nickolas. Imagine that.

However, other attorneys and most legal scholars don't agree a bit with your analysis or Mark's attorney's. Who do you work for?

You have lost so much respect in this community you don't even know.

Remember, when you lay down dogs you wake up with fleas. Fleas are real hard to get rid of.


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